Punjab

Nawanshahr

CC/45/2016

Pardeep Singh - Complainant(s)

Versus

Shri Krishna Electronics - Opp.Party(s)

09 Sep 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SHAHEED BHAGAT SINGH NAGAR.

                  

Consumer Complaint No.      :  45/2016        

Date of decision                     :  09.09.2016

Pardeep Singh S/o Jeet Singh R/o Kulam Road, Nawanshahr.                  

                                                                    ….Complainant

Versus

1.       Shri Krishna Electronics, LG Authorized Exclusive Showroom, K.C. Market, Chandigarh Road, Shaheed Bhagat Singh Nagar (Nawanshahr) 144514, through its Authorized Signatory.

2.       LG Electronic India Limited, having its Registered office at A Wing (3^rd Floor), D-3, District Center, Saket, New Delhi – 110017, through its Manager/owner/Director.

3.       LG Electronic India Limited, having its Service Center at Kulam Road, Nawanshahr, through its Center Manager/owner.

                                                                    ….Opposite Parties

                   Complaint under Section 12 of the Consumer Protection Act, 1986

ARGUED BY:

For complainant            :         In person.

For OPs                         :         Ex parte

QUORUM:

S.BHUPINDER SINGH, PRESIDENT

S.KANWALJEET SINGH, MEMBER

 

ORDER

S.BHUPINDER SINGH, PRESIDENT

1.       In brief the case of the complainant is that on 29.09.2015, he purchased 0.75 Ton Window A.C.  from OP No.1 vide bill No.6577 for Rs.17200/-, which he has installed at his shop for earning livelihood.  Complainant was assured by OP No.1 that said A.C. was manufactured by reputed company and there is not any problem in running of same.  Complainant started facing problem in running of said A.C. with problem of i.e. not proper cooling and automatically switched off.  Complainant has informed the same problem to the OPs but they did not provide proper service.  Complainant was provided one year warranty of full A.C. and 4 years warranty of its compressor.  But the said A.C. was not working properly.  Complainant installed the said A.C. at his barber shop for relief from summer days but due to its not proper working, he did not get any benefit of the A.C.  By not selling good product, the OPs have violated the Consumer Law for which complainant has suffered financial and mental loss.  Moreover, as and when any person came from company for repair of the A.C., he misbehaved with the complainant/customer.  Therefore, complainant has prayed that OPs be directed to refund the price of A.C. alongwith interest @18% and also prayed for compensation of Rs.50,000/- for financial and mental loss and Rs.30,000/- as litigations expenses.    

2.       Upon notice, none appeared on behalf of OP No.1, hence OP No.1 was proceeded against ex parte vide order dated 08.07.2016.  Sh.Parvesh Kapoor, Advocate has appeared on behalf of OP No.2&3 and filed POA but later on he also did not turn up and as such OP No.2&3 were also proceeded against ex parte vide order dated 12.08.2016.

3.       In support of complaint, complainant has tendered his affidavit Ex.CW1/A alongwith photocopy of retail invoice dated 29.09.2015 Ex.C-1 and closed the evidence.

4.       We have heard the complainant, minutely gone through the record and have appreciated the evidence produced on record by complainant with the valuable assistance of complainant.

5.       From the entire record i.e. pleadings of the complaint, it stands fully proved that complainant purchased 0.75 ton window AC of LG company from OP No.1 vide invoice dated 29.09.2015 Ex.C-1 for a sum of Rs.17200/- with warranty of one year of full A.C. and 4 years warranty of compressor.  The complainant submitted that the said A.C. started giving problem of not proper cooling and auto switched off.  The complainant approached the OPs with above said complaint of the A.C. but the OPs did not give proper service to the complainant and A.C. is not working properly. 

The complainant proved his aforesaid averments through his affidavit Ex.CW1/A and has produced on record invoice of the A.C. Ex.C-1.  The evidence produced by the complainant remained un-rebutted and unchallenged because none appeared on behalf of OPs despite service to contest the complaint of the complainant nor any person on behalf of OPs dared to file affidavit to rebut the evidence produced by the complainant.  Therefore, it stands fully proved that A.C. of the complainant is not working properly having defect of not proper cooling and automatic switched off.  However, the complainant could not prove any inherent/manufacturing defect in the A.C. of the complainant.  As such complainant is entitled to proper repair of the A.C. from OP No.2&3 free of charge as A.C. is within warranty period.

6.       Resultantly, the present complaint is ex party partly allowed and the OP No.2&3 are directed to repair the A.C. in question to the full satisfaction of the complainant within 30 days from the date of receipt of copy of this order and in case the said A.C. is not repairable then to replace the A.C. in question with new one or to refund the price of the A.C.  The OP No.2&3 are also directed to pay Rs.1,000/- to complainant as cost of litigation.

7.       The certified copies of this order be supplied to the parties, as per rules. File be indexed and consigned to the Record Room.

Dated:  09.09.2016

 

                                                          (BHUPINDER SINGH)

                                                          President

         

                                                          (KANWALJEET SINGH)

                                                          Member