IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 29th day of October, 2013
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No.105/2013 (Filed on 02.08.2013)
Between:
Suresh Babu,
Kakkanattu Residential Cum-
Commercial Complex,
P.M. Road, Kumbazha.P.O.,
Pathanamthitta – 689 645. ….. Complainant
And:
1. The Branch Manager,
Authorised Service Centre for
LG Electronics India Pvt. Ltd.,
MG Care Centre,
Thykoottattathil Building,
Building No.396,
Opp. Catholicate College,
Makkamkunnu, Pathanamthitta.
2. The Proprietor,
Bismi Appliances,
Near International Stadium,
Kaloor, Kochi – 17.
3. The Branch Manager,
LG Electronics India Pvt. Ltd.,
No.40/1270, Vasudeva Building,
T.D. Road, Ernakulam – 682 011.
4. The Managing Director,
LG Electronics India Pvt. Ltd.,
Regd.Office: Plot No.51, Udyog Vihar,
Surajpur-Kasna Road,
Greater Noida – 201306 (UP).
(By Adv. T. Harikrishnan counsel for
opps. 1, 3 & 4) …. Opposite parties.
O R D E R
Smt. K.P. Padmasree (Member):
Complainant has filed this complaint against the opposite parties for getting a relief from the Forum.
2. Complainant’s case is that he had purchased an LG refrigerator for Rs.15,650/- from the 2nd opposite party manufactured by the 4th opposite party. After one year he felt some cooling problem in the fridge and he lodged a complaint on 17.08.2011 through e.mail and on 18.08.2011 the service personal from LG Electronics come to the house of the complainant and done some repairing and charged Rs.1,100/- towards gas charging. As the problem was due to the complaint of the compressor complainant requested them on 18.08.2011 through e.mail not to charge for the repairs. But there was no reply inspite of his continuous requests for the return of the said amount. While so the compressor of the said fridge again showed some problems in April 2013 and a lot of food items were damaged. Immediately he contacted L.G. India and some technicians come to his house and as per their advise he again stored food items in the fridge but the problem become worse and it was informed on 07.04.2013. Thereafter they had taken the refrigerator to their service centre, Pathanamthitta and returned it on 23.04.2013 and charged Rs.1,390/- towards gas charge and other charges. As the problem was to the compressor complainant again requested to refund the bill amount but they have not yielded the request of the complainant. The above said act of the opposite party is a clear deficiency in service. Further due to the problem of the compressor power consumption was more in his house and it is evident from the electricity bill of March 2013 to July 2013. Recently the fridge is showing some symptoms of breakdown and some sound is coming from the compressor and there is earthing from the body of the fridge and this complaint was not intimated as the complainant apprehends that they will again charge him. Though the complainant purchased a new fridge excepting better performance and it is always showing poor performance. Because of the above said act of the opposite parties and due to the continuing complaint of the fridge complainant has sustained financial loss and mental agony and opposite parties are liable to the complainant for the same. Hence this complaint for an order directing the opposite parties to replace the defective fridge with a new fridge of the same time and for allowing to realize Rs.2,490/- the repairing charges collected by the opposite parties and for realizing Rs.3,000/- lost by the complainant for the excess consumption of electricity due to the defects of the fridge along with compensation of Rs.10,000/- and cost of Rs.5,000/-.
3. In this case opposite parties are exparte.
4. On the basis of the pleadings in the complaint, the only point to be considered is whether this complaint can be allowed or not?
5. The evidence of the complaint consists of the oral testimony of complainant as PW1 and Exts.A1 to A11 series. After closure of evidence, complainant was heard.
6. The Point:- Complainant’s case is that an LG Fridge manufactured by the 4th opposite party was purchased by the complainant on 20.04.2010 from 2nd opposite party for Rs.15,650/-. Within its warranty period the compressor of the fridge showed complaints twice. The technician from the authorized service centre repaired the compressor twice and charged a total amount of Rs.2,490/- for the said repairs. Since the repairs to the compressor is within the warranty period opposite parties are not entitled to collect the repairing charges. So the complainant requested for the return of repairing charges which is not yielded by the opposite parties. Because of the complaints of the fridge food items kept in the fridge was damaged, the electricity consumption also increased during the period when the fridge worked in a defective condition. Recently the fridge was again showed complaints of breakdown, some sound is coming from the compressor and there is earthing on the body. This was not informed to the opposite parties as the complainant apprehends that they will charge the complainant as done in the earlier occasions. Because of the said problems of the fridge and due to the above said acts of the opposite parties the complainant is put to financial losses and mental agony and opposite parties are liable to the complainant for the same.
7. In order to prove the case of the complainant, complainant adduced oral testimony as PW1 and the documents produced were marked as Ext.A1 to A11 series. Ext.A1 is the retail invoice dated 20.04.2010 for Rs.15,650/- issued by the 2nd opposite party in the name of the complainant. Ext.A2 is the owner’s manual in which the warranty card is attached. Ext.A3, A4, A5, A6, A7, A9 and A10 are the communications made between the complainant and opposite parties from 18.08.2011 to 21.07.2013. Ext.A8 is the retail invoice dated 23.04.2013 for Rs.1,390/- issued by 1st opposite party. Ext.A11 series (A11 to A11(c) are the electricity bills of the complainant from 19.03.2013 to 19.09.2013.
8. On the basis of the available materials on record and as per the oral evidence of the complainant it is seen that the complainant had purchased an LG Refrigerator manufactured by the 4th opposite party from the 2nd opposite party on 20.04.2010 for Rs.15,650/-. As per Ext.A2, the compressor of the fridge is having warranty for 4 years. According to the complainant, the complainant occurred to the compressor during its warranty period is to be repaired by the opposite parties free of cost. But they charged for the repairs and collected Rs.2,490/- from the complainant. The complainant further deposed before the Forum that the food items kept in the fridge was damaged due to the complaints of the fridge and his electricity bills also increased due to the excess consumption due to the complaints of the fridge and recently also the said fridge become defective due to the complaint of the compressor. All the exhibits support the allegations of the complainant. Therefore and since the opposite parties are exparte, we find no reason to disbelieve the allegations of the complainant and hence this complaint stands proved as unchallenged. Therefore, we find that opposite parties had committed deficiency in service and they are liable to the complainant for the same and hence this complaint is found allowable.
9. In the result, this complaint is allowed thereby the 1st opposite party is directed to rectify the defects of the fridge within 10 days from the date of receipt of this order. All opposite parties are further directed to pay an amount of Rs.5,000/- (Rupees Five Thousand only) in lumpsum as compensation to the complainant for the loss and sufferings sustained to the complainant in this transaction within 15 days from the date of receipt of this order. In the event of non-compliance of this order by the opposite parties, complainant is allowed to realize a total amount of Rs.10,000/- (Rupees Ten Thousand only) from the opposite parties with 10% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 29th day of October, 2013.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Suresh Babu
Exhibits marked on the side of the complainant:
A1 : Retail invoice dated 20.04.2010 for Rs.15,650/- by the 2nd opposite
party in the name of the complainant.
A2 : Owner’s manual attached with warranty card.
A3, A4, A5, A6, A7, A9 & A10 : Communications between the complainant
and opposite parties from 18.08.2011 to
21.07.2013.
A8 : Retail invoice dated 23.04.2013 for Rs.1,390/- issued by
1st opposite party in the name of the complainant.
A11 series (A11 to A11(c) : Electricity bills of the complainant from
19.03.2013 to 19.09.2013.
Witness examined on the side of the opposite parties: Nil.
Exhibits marked on the side of the opposite parties: Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) Suresh Babu, Kakkanattu Residential Cum Commercial
Complex, P.M. Road, Kumbazha.P.O.,
Pathanamthitta – 689 645.
(2) The Branch Manager, Authorised Service Centre for
LG Electronics India Pvt. Ltd., MG Care Centre,
Thykoottattathil Building, Building No.396, Opp. Catholicate
College, Makkamkunnu, Pathanamthitta.
(3) The Proprietor, Bismi Appliances, Near International Stadium,
Kaloor, Kochi – 17.
(4) The Branch Manager, LG Electronics India Pvt. Ltd., No.40/1270,
Vasudeva Building, T.D. Road, Ernakulam – 682 011.
(5) The Managing Director, LG Electronics India Pvt. Ltd.,
Regd.Office: Plot No.51, Udyog Vihar, Surajpur-Kasna Road,
Greater Noida – 201306 (UP).
(6) The Stock File.
