This C.C. is coming on before us for hearing; in the presence of Sri. Patibandla Sanjay Kumar, Advocate for complainant; notice of opposite parties served called absent; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-
O R D E R
(Per Smt.V.Vijaya Rekha, Member)
This complaint is filed under section 12(1) of the Consumer Protection Act, 1986.
2. The brief facts as mentioned in the complaint are that the complainants are the wife and husband, purchased LG LED Television vide No.42LV3500 on 30-07-2012 with one year warranty. After completion of warranty period, entered into annual maintenance contract with the opposite parties on 12-11-2013 for a period of one year from 12-11-2013 to 11-11-2014. The opposite party No.1 is the authorized service centre of LG products to the opposite party No.2. During the validity of AMC period, the Television started giving troubles and not working properly, the same was informed to the opposite party No.1. The persons of opposite party No.1 visited the Television and suggested to bring the Television to the service centre of opposite party No.1, accordingly, the complainant shifted the Television to the service centre of opposite party No.1. After observation, the opposite party No.1 stated that the required part is not available with the company. Instead of making many rounds, they did not respond to rectify the problem. On 25-11-2014, they informed that they are ready to pay an amount of Rs.42,800/- towards depreciation amount and requested to furnish identity proof, details of bank account etc,. Upon which, the complainant furnished the documents as suggested by them. Even though, the opposite parties tried to avoid their liability and had given evasive replies. Due to which, suffered a lot and issued legal notice on 26-05-2015, inspite of receiving, did not give any reply. Therefore, filed the present complaint by praying to direct the opposite parties to pay Rs.42,800/- towards cost of the defective part and Rs.1,00,000/- towards damages together with interest at @12% P.A. and costs.
3. On behalf of complaints the complainant No.1 filed affidavit and Exhibits A1 to A8.
4. Despite receiving notice, the opposite parties did not turn up to contest the matter till it was posted for orders.
5. In view of above circumstances, now the point that arose for consideration is,
Whether the complainants are entitled to the relief as prayed for?
Point:-
According to the averments of complaint and material on record, it is clear that after expiry of warranty period on their Television, manufactured by LG Electronics India Pvt. Ltd., the complainants entered into annual maintenance contract i.e. ‘Happy Living Plan’, introduced by the manufacturer by paying Rs.6,600/- for a period of another one year from 12-11-2013 to 11-11-2014, evidenced under Exhibit A2. According to job sheets i.e. Exhibits A2 and A4, it is also clear that the complainant brought the Television to the service centre on 18-09-2014 and on 06-10-2014. As per Exhibit A4, the service centre of opposite party No.1 had mentioned the remarks as ‘dead’ and has ‘module problem’ and also clearly mentioned as the “required part is not available in LG.” According to Exhibit A5 i.e. Job Sheet dt. 28-10-2014, the service provider wanted require documents, that is, original and photocopies of AMC, Aadhar card, Purchase Bill, Bank Pass Book and Identity Card etc., it seems that the opposite party No.1 is ready to refund the cost of the defective part, which is not available with the manufacturer. Impliedly, they admitted their liability. But it is the case of the complainants, even after furnishing of required documents as suggested, the opposite parties did not refund the amount as assured. Considering the same and the negligent attitude of opposite parties even after filing of complaint, we are of the opinion, it is the obligation of the opposite parties to compensate the complainants according to the terms and conditions of AMC. Therefore, the opposite parties are liable to pay Rs.42,800/- as per terms and conditions of ‘Happy Living Plan’ (AMC).
6. In the result, the complaint is allowed in part, directing the opposite parties to pay Rs.42,800/- (Rupees Forty Two Thousand Eight Hundred Only) under terms and conditions of AMC, immediately after receipt of this order, failing which, the amount shall carry interest @9%P.A. till its realization. Further directed to pay Rs.1,000/- towards costs.
Typed to dictation, corrected and pronounced by us in the open forum, on this the 31st day of August, 2015.
FAC President Member
District Consumer Forum, Khammam
APPENDIX OF EVIDENCE
WITNESSES EXAMINED:-
For Complainant For Opposite party
None None
DOCUMENTS MARKED:-
For Complainant For Opposite party
Ex.A1:- | Photocopy of Purchase Bill dt. 30-07-2012, for Rs.53,500/-. | -Nil- |
Ex.A2:- | Photocopy of Happy Living Plan (AMC), dt. 12-11-2013. | |
Ex.A3:- | Photocopy of Job Sheet, dt. 18-09-2014. | |
Ex.A4:- | Photocopy of Job Sheet, dt. 06-10-2014. | |
Ex.A5:- | Photocopy of Job Sheet, dt. 28-10-2014. | |
Ex.A6:- | Photocopy of Letter dt. 25-11-2014 addressed by the complainant No.1 to the LG Electronics. | |
Ex.A7:- | Photocopies of Aadhar card, Voter Identity Card, Notarized Affidavit of Complainant No.1 and Andhra Bank Pass Book. | |
Ex.A8:- | Office copy of Legal Notice, dt. 26-05-2015 with postal receipts and acknowledgements. | |
FAC President Member
District Consumer Forum, Khammam
