COMPLAINT FILED ON: 17.02.2010

DISPOSED ON: 18.07.2011

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM AT BANGALORE (URBAN)

18^th  JULY 2011

       PRESENT:- SRI.B.S.REDDY                      PRESIDENT           

                         SMT. M. YASHODHAMMA     MEMBER

                         SRI.A.MUNIYAPPA                MEMBER

COMPLAINT No.264/2010

O R D E R

SMT. M. YASHODHAMMA,  MEMBER

This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant, seeking direction against OP to replace the Micro Oven of the same model L.G.Intello Cook Microwove  & to pay compensation of Rs.10,000/-,  on the allegations of deficiency on the part of the O.P.

2.    The brief averments made in the complaint are as follows.

          On 29-12-2007 the complainant purchased one LG Intello Cook Microwove Model No.M.C.808  WARADXEIL.S. No. 7100 x CR 006170 from O.P. show room at 3^rd block Jayanagar Bangalore.  Complainant paid Rs.12,490=02 to O.P.  The receipt issued by O.P. is produced.  Complainant found that within six months of its purchase the said Oven was completely rusted from both inside  and door panel.  Immediately complainant made the complaint to the service centre of the O.P. at double road as well as K.R.road, Bangalore.  The service people visited the complainants house and took the photo of the Oven and agreed to what has been complained by the complainant.  Inspite of repeated requests and complaints failed to take any action.  Now the Oven out is of warranty and O.P. is insisting for payment for the replacement of the part.  On 10-12-2010 complainant sent a written complaint to OP requesting OP to solve the problem.  OP being a reputed Company has sold such a sub standard product for such a higher price using rusted material. Inspite of repeated requests, email & correspondences.  OP failed to respond.  Hence complainant felt deficiency in service against OP.  Under the circumstance she is advised to file this complaint for the necessary reliefs.  

3.       On appearance OP filed the version mainly contending that the LG Intello Cock Microwave is out of warranty.  The said product had only one year warranty from the date of its purchase.  Complainant has not at all registered a complaint at any of the service centre of OP.  The first complaint of the complainant registered on 30-6-2010.  On the said complaint the service engineer had verified the said Oven and Warranty Card, since the warranty on the said Oven was lapsed, requested  the complainant to pay repair charges.  The Complainant refused to pay the said charges.  Hence the said complaint was cancelled for not approving the estimated charges.  Hence complainant has no right to claim replacement for free of costs.  The complainant purchased the Oven knowing the Oven was offered only warranty of one year. OP was not bound to rectify the defects without costs.  The problem arosed in the said Oven after lapse of warranty period.  The complainant is a time barred complaint.  As per complainant problem arose in the said Oven within six months from the date of purchase 29-12-2007. i.e. in the month of June 2008.  As per Section 24A of the Consumer Protection Act 1986 prescribed limitation for admission of a complaint by the consumer;

“24A.Limitation period- (1) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arise.

(2) Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in Sub-section (1), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:

Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.”

The limitation period under section 24A is 2 years.  In the present complaint, complainant has not at all explained nor any prayer for condonation of delay  has been made before this Forum.  There is no Consumer dispute between the complainant and OP.  Among other grounds OP prayed for dismissal of the complaint.

5.      To substantiate the complaint averments,  the complainant filed her affidavit evidence and produced copy of the complaint dated:10-12-2010, copy of the advance receipt issued by OP dated:29-12-2007, certified copy of the passport, photo of the Oven, front page of the user manual, e-mails,  remarks of the public about LG Microwaves.    On behalf of OP S.Gopal Krishna, Branch Service Manager filed his affidavit evidence in support of the defence version and produced citations.  Heard arguments from both sides.

6.      In view of the above said facts, the points now that arises for our consideration in this complaint are as under:

      Point No.1:-  Whether the complainant

  proved the deficiency in service

   on the part of the OP?

Point No.2:-   If so, whether the complainant is

                     entitled for the reliefs now claimed?

       Point No.3:-  To what Order?

7.      We have gone through the pleadings of the parties both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:

Point No.1:- In Negative.

Point No.2:- In Negative..

Point No.3:- As per final Order.

R E A S O N S

8.      At the outset it is not in dispute that the complainant purchased a LG Intello Cook Microwave model MC 808 WARDXEIL.S. No.7100 x CR 06170 from OP.  On 29-12-2007 by paying a sum of Rs.12,490/- which is inclusive of tax.  We have perused the receipt issued by OP.

10.    The grievance of the complainant is within six months of its purchase the said Oven became completely rusted from inside and door panel.  Complainant made oral complaint to the service centers of OP both at double road as well as K.R.Road Bangalore.  The engineer of O.P. visited the complainants house verified the Oven and took photos of the Oven but failed to take any action inspite of repeated requests and email correspondences made by the complainant.  Now Oven is out of warranty OP is demanding payment for replacement of the parts.  On 10-12-2010 complainant sent a written complaint to OP.  There was no response.  Hence complainant approached this forum.

11.    As against the case of the complainant the main defence of the OP is that the said Micro Oven has only one year warranty.  The first complaint made by the complainant registered on 30-6-2010.  Since the warranty on the said Oven was lapsed OP requested the complainant to pay repair charges. When complainant refused to pay the repair charges.  Complaint was cancelled for not approving the estimated charges.  OP is not bound to rectify the defects free of costs after lapse of warranty period.  The complaint is time barred as per section 24A of the Consumer protection Act, 1986.

12.    It is contended by the complainant that she has been to United Kingdom on 13-6-2008 and returned on 5-12-2008.  Thereafter again she left to U.K. on 13-3-2010 and returned on   18-6-2010.  Hence she could not file the complaint in time.  In support of her contention complainant has produced copy of the ‘VISA’.  Admittedly the Micro Oven was purchased by the complainant on 29-12-2007.  Though it is argued by the complainant that she has approached OP service center at K.R.road and double road, Bangalore, no material is produced in support of the same. The document produced by the complainant is complaint dated:10-12-2010. OP has denied that complainant had approached OP prior to 30^th June 2010. Though complainant was not in Country nothing prevented the complainant to authorize any of then family members or friends to file the complaint by giving power of attorney to file the complaint.  Once the warranty period is over, OP is not bound to give free service or replacement.

13.    As per complaint averments defects noticed after six months of its purchase i.e. in the month of June 2008.  The Complaint is filed on 21-12-2010 before this Forum.  Complaint is required to be filed within 2 years from the date of cause of action has arise as per Section 24A(1) of Consumer Protection Act.  The Complaint may be entertained if complainant satisfies the Forum that she had sufficient reason for not filing the complaint in time, as per section 24A(2).  There is no application filed showing sufficient cause for condonation of delay and no prayer is made for condonation of delay by the complainant.  The Complaint is filed after lapse of 2 years and six months is barred by limitation. Hence same is not maintainable.

14.    In Civil Appeal No.2067/02 State Bank of India Vs. Agricultural Industries reported in 2009 AIR SCW 2911.  The Hon’ble Supreme Court observed that

“The complaint shall not be admitted if not filed within two years from the date of accrual of cause of action unless reasons recorded in writing for condonation of delay in filing the complaint.”

In this complaint complainant failed to file the complaint within two years from the date of accrual of cause of action and failed to file any application for condonation of delay in filing this complaint.  Under these circumstances complaint is barred by limitation. Hence complainant is not maintainable.  Accordingly we proceed to pass the following

ORDER

          The Complaint is dismissed. Considering the nature of dispute there is no order as to costs.