Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                                             Complaint No. : 576

                                                                             Instituted on     : 08.11.2019

                                                                             Decided on       : 13.10.2023

Mrs. Reena w/o Anand R/o #2463, Urban Estate, Ward No.20, Jind, Haryana.

                                                                             .......................Complainant.

                                                Vs.

1. Sargam India Electronics Pvt. Ltd. Raj Complex, Adjoining Tata Motors Showroom, Delhi Road, Rohtak.
2. LG Electronics India Head Office:51, Udyog Vihar Extension, Ecotech-II, Udyog Vihar, Greater Noida, Uttar Pradesh-201306.

                                                                                                                                                                                                ………….Opposite parties.

          COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. VIJENDER SINGH, MEMBER

Present:       Shri Shubham Manchanda, Advocate for the complainant.

                   Opposite party No. 1 and 2 already exparte.

                                                ORDER

VIJENDER SINGH, MEMBER:

1.                Brief facts of the case as per complainant are that she purchased a new Air Conditioner(LG) amounting to Rs.42,000/- from opposite party no. 1 vide Invoice No.ROHTAK-41 dated 03.04.2018 manufactured by opposite party no. 2. The opposite party no. 1 also offered one year warranty package to the complainant vide invoice No.DG-Rohtak-10 dated 03.04.2018 as per which the AC covered under warranty upto the period of 02.04.2020. It is further submitted that within the warranty period, the AC started malfunctioning problem. The complainant approached to opposite parties many times for repairing of AC but they did not pay any heed towards his genuine requests. It is further submitted that complainant also approached the authorized service centre of LG but she came to know that warranty of AC has lapsed whereas the complainant has paid the amount for warranty extension of one year. As such, there is deficiency in service on the part of opposite parties. Hence this complaint and it is prayed that opposite parties may kindly be directed to make the payment of AC to the complainant or to replace the same and also directed to pay Rs.1,00,000/- as compensation amount and Rs.35,000/- for litigation expenses to the complainant.

2.                After registration of complaint, notices were issued to the opposite parties. Notice issued to opposite party no. 1 received back served but none has appeared on their behalf. As such, opposite party was proceeded against exparte vide order dated 09.01.2020 of this Commission. Further opposite party no. 2 appeared but failed to file its reply. Thereafter opposite party no. 2 did not appear and was proceeded against exparte vide order dated 17.02.2023 of this Commission.

3.                Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and closed his evidence on dated 01.05.2023.

4.                We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.

5.                In the present case, grievance of the complainant is that she had purchased an A.C from the opposite party on 03.04.2018 with one year extended warranty. It is contended that the said A.C. started malfunctioning within warranty period but the same could not be repaired by the opposite parties despite her repeated requests. To prove the same, complainant has placed on record copy of bill, copy of extended warranty and legal notice. But from these documents, it is not proved that complainant has made any complaint to the opposite parties within warranty period. Neither any complaint number has been mentioned in the complaint nor any copy of complaint through whatsapp, email or through post has been placed on record, from which it is proved that the complainant has contacted the opposite parties for repair/replacement of her A.C. within warranty period. In the absence of any evidence, complainant has failed to prove her case. As such present complaint stands dismissed with no order as to costs.  

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

13.10.2023

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                              ………………………………..

                                                                        Tripti Pannu, Member.

                                                                        ………………………………..

                                                                        Vijender Singh, Member.