Date of order : 30. 09.2014.
SHRI BIRAJA PRASAD KAR, PRESIDENT.
Deficiency in service is the grievance of the complainant.
Briefly stated, as per the allegations in the complaint petition the complainant purchased one L.G refrigerator of model No.GL 254A14 bearing serial No.107NRLW059008 from the O.P no.1 on 25.12.11. Two months after purchasing the said refrigerator gave some minor trouble for 3 to 4 times which was repaired by the O.P no.1 on getting information from the complainant. Thereafter two month (during warranty period )the compressor of the refrigerator was completely out of order and the complainant informed the matter to the O.P who directed the complainant to produce the required documents . Though the complainant produce all the relevant documents before the O.P. but the O.P. did not take any action and the complainant could not run the refrigerator . Hence, the complainant alleging deficiency in service has filed this dispute with the prayer to direct the O.Ps. to replace the refrigerator and to pay Rs.10,000/- towards mental agony and cost of litigation.
On being noticed O.P no.1 appeared through his advocate and filed his written version. In the written version the O.P no.1pleaded that the petitioner purchased one refrigerator from O.P no.1 on 25.12.2011. The O.P no.1 issued the memo and warranty card. After purchase the same the petitioner never approached this O.P. for any defect in this new refrigerator. On 1st Nov.2012 the petitioner for the first time told this O.P no.1 that the refrigerator is not functioning properly . So this O.P. after receiving the complaint from the petitioner dialed the Toll Free Service No. of the L.G company and booked the complain and received the complaint’s claim No. RNA121101054410 . This O.P no.1 also requested the petitioner to bring the refrigerator to his shop outlet for necessary repair but the petitioner refused and did not turn back. It may be out of place to mention here that the petitioner is a resident of Bhadrak District of Vill. Dehudianandapur and as learnt the service was provided by L.G service Center M/S Maa Electrics Kacheri Road ,Balasore. Thereafter the petitioner has never approached to this O.P for any defect in the Refrigerator. The services are not provided by the dealer but it is provided by service centers located within the district approved by the company. As there is no deficiency in service on the part of O.P no.1 the C.C. Case be dismissed with costs.
O.P no.2 and 4 appeared through their advocate and filed their written version. In the written version the O.P no.2 and 4 have stated that with regard to purchase of refrigerator on payment of consideration, and issuance of warranty card being materials on record, complainant may be directed to establish same by producing the original sealed and signed copy of warranty card. The complaint of detection of minor defect and availing service itself establishes that this is not a case of denial of rendering service on receipt of complaint and is not a established case of deficiency in service. The averments with regard to existence of warranty period being materials on record, complainant may be put to establish same by producing original sealed and signed warranty card. It is admitted that all the refrigerator of L.G make are offered for sale with one year warranty on complete refrigerator excluding plastic items and bulbs, etc and additional Four years warranty on compressor only. Manufacturer assures to repair the refrigerator ,and replace the parts free of cost, if required, within warranty period and never assures to replace the refrigerator . In the present case, O.P on receipt of complaint deputed technician from the Authorised Service Center on 13.11.2012, and on inspection it is detected that the refrigerator will perform satisfactorily simply by replacing its compressor. Authorize Service Center apprise the fact to complaint on 13.11. 2012, and assured to replace same within few days on free of cost as per limited and agreed terms of warranty and again on 21.11.2012 attended the complaint for replacement of compressor. However, complaint refused to avail service on 21.11.12 and did not allow replacement of compressor and claimed for new refrigerator. It is humbly submitted, this is not a case, where in the defect is not repairable and the refrigerator is having inherent manufacturing defect, which could not be repaired. Copy of job card bearing No. RNA 121101154410 is relied upon for kind perusal of this Hon’ble Forum. In aforesaid facts and circumstances, O.P relies on following decisions. It is humbly submitted, the refrigerator can be repaired by putting minor efforts and by replacing minor component namely compressor. And the warranty terms and conditions assurance repair of the set within warranty period and never assures for replacement of the refrigerator.
However, without prejudice to merits of case, O.P assures to provide adequate service under limited and agreed terms of warranty, within its limitation. Complaint is at liberty to lodge fresh complaint before the Authorized Service Centers or on toll free numbers, when ever service is required. As the O.Ps. are not deficient in service the C.C. Case deserves to be dismissed with costs.
Inspite of Regd. Notice the O.P no.3 did not choose to contest the case by filing written version.
On the date of hearing none appeared on behalf of the complainant and O.Ps. We have perused the pleadings and documents available on record.
On the above facts and circumstances of the case , it is evident that the complainant had purchased one L.G refrigerator from the O.P no.1. It is not disputed that during the warranty period the compressor of the Refrigerator was out of order and O.P no.1 intimated the same to the company (Servicing Deptt. ) whose Job no. was RNA 121101054410 . It is evident from the Job sheet filed by the O.P no.2 and 4 that the service engineer visited the customer’s house on 13.11.12. It was detected that there is defect in the compressor and as per repair remark compressor is pending. Again the service engineer visited the house of the complainant on 21.11.12 and the complainant / customer refused to repair and claimed for replacing a new Refrigerator.
We are of the opinion that merely because some parts had to be replaced during repair carried out by the manufacturer in the refrigerator it does not give right to complainant to have replacement by a new one.
Under the above mentioned circumstances, without drawing any adverse inference against the O.Ps, we would like to dispose of the case on the following directions:
1 O.P no.2 and 4 are directed to replace a new compressor of the complainant’s refrigerator through its service engineer to the full satisfaction of the complainant within one month of this order .
2. The complainant is directed to co-operate the O.P no.2 and 3.
O R D E R
In the result the C. C. Case is disposed of on the above observations without any cost..
This order is pronounced in the open Forum on this the 30th day of September ,2014. under my hand and seal of the Forum.
(Shri Pitabas Mohanty) (Shri Biraja Prasad Kar)
Member. President.
Typed to my dictation & corrected by me
(Miss Smita Ray) ( Shri Biraja Prasad Kar )
Member. President.
