DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 62 OF 2016
Amjad Khan,
S/O: Noor Khan,
R/O: Main Road, Mangalbazar,
PS/Dist- Jharsuguda, Odisha……………………………………………..Complainant.
Versus
- Prakash Stores,
Nayapara, Golbazar,
Godown, AT- NH-6, Remed,
PS/Dist: Sambalpur, Odisha.
- M.S. Electronics,
Authorized Service Centre,
At: Near LIC Office, Budharaja,
PS/Dist: Sambalpur, Odisha…….………………..................... Opp. Parties.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Party No.1 Self
For the Opp. Party No.2 Self
Date of Order: 26.12.2016
Present
1. Shri S.L. Behera, President.
2. Shri S.K.Ojha, Member.
3. Smt. A.Nada, Member(W).
Shri S.K.Ojha, Member : - The complainant’s case in brief is that, he had purchased one LG Air Conditioner having model No. LWA5ER2D, Serial No. LG WAC 103PAAJ071320 by paying Rs.14,096/- only on dtd. 16.11.2011 from O.P.No.1 with having 5 years of warranty. The said LG Air Conditioner was not functioning properly. The complainant took the said AC to the O.P.No.2 for repairing where the O.P.No.2 changed the compressor of the said AC and charged Rs.460/- only as service charge. After taking the AC to house, the condenser of said AC was chocked. The complainant informed the O.P No.2. The O.P No.2 told to change the condenser by paying Rs,4,000/- only with service charge. The AC is within warranty period of 5 years and the O.P No.2 is demanding cost of the condenser and service charge, hence this case.
Being noticed through this Forum, the O.PNo.2 appeared and field preliminary objection wherein it has stated that, “The Air Conditioner comes with 12 months warranty on complete Air Conditioner excluding plastic parts and additional Four years warranty on compressor only”. And submitted that they have replaced the compressor of the said AC on dt. 01.07.2016 and the alleged condenser was out of warranty. Denying all the allegations the O.Ps prayed for dismissal of case.
Heard from both the parties and perused the case record including materials available. The complainant had purchased a LG Air Conditioner having model No. LWA5ER2D, Serial No. LG WAC 103PAAJ071320 by paying Rs.14,096/- only on dtd. 16.11.2011 from O.P.No.1.
The warranty card field by the O.P.No.2 reveals as follows :
“The LG Air Conditioner comes with 12 months warranty on all parts except front grille & plastic parts and thereafter 4 years additional warranty on the compressor, from the date of purchase of the product, provided always that the warranty card bears the rubber stamp, date and signature of our Authorized Dealer.
4 years Additional Warranty on Compressor
The 4 year warranty on compressor will be continue even after the expiry of 1 year period from the date of purchase. This warranty covers compressor only. x x x x x x x x. During the additional warranty period, it does not cover any part such a condenser coil, evaporator coil, capillary, suction line, electronics parts, etc. x x x x x x x x x x x x x x x x x x x x . During the warranty period, only the parts replaced or repaired shall be free of costs, but service charges shall always be payable by the customer”.
As per the above warranty conditions the O.P No.2 has replaced the compressor free of cost and charged the service charge only. But the condenser in question is not covering with in warranty conditions.
On the above mentioned facts and circumstances no any deficiency in service found on the part of O.Ps, hence the present complaint case is dismissed with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 26th day of December, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
S.L.Behera, President Smt. A.Nanda, Member(W) S.K.Ojha, Member
Dictated and corrected by me.
S.K.Ojha, Member
