DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 10TH DAY OF JUNE, 2024.
PRESENT : SRI VINAY MENON .V, PRESIDENT.
: SMT. VIDYA.A., MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date Of Filing: 19.02.2024.
CC/65/2024
M.Mohamed Usman, - Complainant
S/o.P.M.Mohamed Yusuff,
Oruma, 2/704, Behind Old Bulkees Theatre,
Olavakkode,
Palakkad-678 002.
Vs
1. The Manager, -Opposite Parties
M/s.LG Shoppe,
No.1, 15/513, (48), Akshaya Foundation,
Stadium By-pass Road,
Palakkad-678 001.
2. M/s.LG Electronics India Pvt. Ltd,
No.2, 34/564B, 1st Floor, NH-Bypass,
Edapalli, Cochin-682 024.
(Both OPs Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant:
The complainant’s son purchased a LG Refrigerator on 22.10.2022 from the 1st opposite party for Rs.52,900/- for the use of complainants family. After 11 months of purchase, the refrigerator started giving complaints like “not giving proper cooling”, “Freezer not working” etc. On 20.09.2023, the complainant lodged a complaint before the 1st opposite party and the Service Engineer of their authorised service centre inspected the refrigerator and informed that the low cooling is due to blockage in the pipe and suggested to go for “request for change of refrigerator.” Though the complainant approached the 1st opposite party over phone and personal contacts for repairing or replacing the fridge, there was no response from them. Hence, the fridge is kept idle in the house. As the fridge is under warranty, this complaint is filed seeking replacement of the fridge and compensation of Rs.25,000/- apart from cost of litigation.
2. The complaint was admitted and notices were served on the opposite parties. But they did not file version within the statutory period. Hence, their names were called in open court and were set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A3 as evidence. Ext.A1 is the Tax invoice for the refrigerator purchased, Ext.A2 is the copy of the sticker affixed on the fridge and Ext.A3 is the receipt/work order issued by the Service Engineer.
4. In the absence of any counter pleadings from the side of the opposite parties, this Commission has to depend on the proof affidavit and documents marked by the complainant to arrive at a conclusion as to whether a prima facie case is proved against the opposite parties.
5. Ext.A1 is the proof affidavit of the purchase of refrigerator by the complainant from the 1st opposite party for Rs.52,900/-. Ext.A3 is the report dated 29.09.2023 of the Service Engineer clearly noting the nature of complaint as “low cooling” condition of the equipment as “Gas Block”; and the product is under warranty.
6. In the absence of any version from the opposite parties, it is not clear what follow up actions were taken by the opposite parties to rectify the defect of the product after the reporting made by the Service Engineer. From the proof affidavit filed by the complainant, it is understood that the fridge is kept idle for want of proper repair/servicing by the opposite parties, though the fridge is under warranty. This amounts to deficiency in service on the part of the opposite parties. Though the opposite parties are liable only to rectify the defect/replace the defective parts under warranty, they failed to attend the same to the satisfaction of the complainant even after nine months of recording the complaint by the Service Engineer. Hence, this Commission is of the opinion that the complainant is entitled to the replacement of the fridge or refund of the original cost with interest.
Resultantly, the complaint is allowed ordering the following reliefs.
1) The opposite parties are directed to provide replacement of the fridge of same brand and model or refund of Rs.52,900/- being the original cost along with interest @ 10% pa from the date of purchase (22.10.2022) till the date of payment.
2) The opposite parties are also directed to pay jointly Rs.25,000/- as compensation for deficiency in service.
3) The opposite parties are liable to pay Rs.5,000/- as cost of litigation.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof from the date of the order till the date of final payment.
Pronounced in open court on this the 6th day of June, 2024.
Sd/-
VINAY MENON .V,
PRESIDENT.
Sd/-
KRISHNANKUTTY N .K,
MEMBER.
APPENDIX
Documents marked from the side of the complainant: Nil
Ext.A1: Tax Invoice Bill No.L000515 dated 22.10.2022 issued by LG shoppe.
Ext.A2: Copy of the sticker affixed on the fridge (two nos).
Ext.A3: Receipt issued by Ascent Electronics, LG authorized service centre, Palakkad dated 20.09.2023.
Documents marked from the side of opposite parties: Nil
Witness examined from the complainant’s side: NIL
Witness examined from the opposite parties side: NIL
Cost : 5,000/-
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
