C.C. filed on:16.12.2015
C.C. Disposed on:23.02.2017
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, TUMKUR
DATED THIS THE 23rd DAY OF FEBRUARY – 2017
C.C. No. 142 OF 2015
:PRESENT:
SMT. PRATHIBHA. R.K. BAL LLM. PRESIDENT,
SMT. GIRIJA, B.A. LADY MEMBER
COMPLAINANT/S:
Smt. Indumathi
W/o B.Harish
C/o Ashwathnarayanagowda,
Annapurna Nilaya,
13th Cross, SS Puram,
Tumkur.
( By Sri/Smt. P.Nagaraj – Advocate)
-V/s-
OPPOSITE PARTY/IES
1. The Manager,
M/s LG Shoppe,
Maratha Hostel Complex,
B.H.Road, Tumkur.
2. The Manager,
LGEIL Service Center,
Maratha Hostel Complex,
B.H.Road, Tumkur.
3. L.G.Electronic India Pvt. Ltd.,
Plot No.51, Udyog Vihar,
Surajpur-Kasna Road,
Greater Noida – 201 306,
Uttar Pradesh State.
( OP No.1 By Sri./Smt. G.Nagaraj, Advocate)
( OP Nos.2&3 By Sri./Smt. T.N.Gururaj, Advocate)
: O R D E R :
BY SMT. PRATHIBHA R.K. - PRESIDENT
The complainant has filed this complaint under section 12 of the Consumer Protection Act 1986 against the OPs alleging deficiency in service on the part of OPs and prays to direct the OPs to award compensation of Rs.21,600/- along with compensation for mental agony and other incidental losses assessed at Rs.25,000/- together with 12% interest from the date of purchase of refrigerator till the date of realization and other incidental charges.
The brief facts of the complaint are as under:-
2. The complainant submits that he has purchased the refrigerator of LG REF.GL-308VSX5ST make of 290 liters from OP No.1 on 04/06/2011 by paying an amount of Rs.21,600-00. The complainant further submits that she is using the above said refrigerator for her house hold domestic use and the said refrigerator is having 1+4 years warranty.
The complainant further submits that the refrigerator had some problem in cooling and the same was informed to OP No.1 on 27.02.2015 and thereafter the OP No.1 had deputed service engineer to attend the problem and on inspection the service engineer told that there is some problem in the printer circuit board and the same is to be replaced and therefore sought time as they have to get spares from the company.
The complainant further submits that her complaint was registered by the OP in No.RNA 150227008646 and thereafter on 28.02.2015 her husband received SMS by Ops saying that the complaint was closed and in this regard the complainant and her husband contacted the Ops and when enquired about the complaint, the Ops instead of answering about the complaint abused the complainant and her husband and asked to give back the refrigerator to them for 15% of the bill amount. Hence, the complainant issued a legal notice dated: 04.03.2015. On receipt of the legal notice, the Ops have given evasive reply without settling the problem. Hence, the complainant filed this complaint. At the time of filing of the complaint, the complainant filed the documents along with complaint and marked as under:
Invoice Dated: 04/06/2011 marked as Ex.P1
Owner’s Manual cum Warranty, marked as Ex.P2
Office copy of the legal notice, marked as Ex.P3
Reply Notice, marked as Ex.P4.
3. Upon service of notice, the OP No.1 and 2 & 3 appeared through their counsel and filed separate version.
The OP No.1 submits that the complainant had purchased the refrigerator of LG REF GL-308VSX5ST make of 290 liters from OP No.1 on 04.6.2011 by paying an amount of Rs.21,600-00 and the OP No.1 denied the rest of the allegations made by the complainant. The OP No.1 further submitted that he is only authorized seller of LG products and the OP No.3 has got its own service network across India and OP No.2 is its service branch and as such the complaint against the Ops is not maintainable and liable to be dismissed. The OP No.1 further submitted that the complainant has filed this complaint with false allegations and therefore prays to dismiss the complaint.
The OP Nos. 2 & 3 submit that that have admitted with regard to the purchase of the refrigerator LG REF GL-308VSX5ST make of 290 liters by the complainant from OP No.1 on 04.6.2011 by paying an amount of Rs.21,600-00, but denies the rest of the allegations made by the complainant. The OP Nos. 2 & 3 further submitted that the refrigerator was sold with a warranty subject to terms and conditions mentioned in the warranty card for a period of one year; thereafter the warranty is extended only for the compressor.
The OP Nos. 2 & 3 further submitted that the warranty was not covered any consequential or resulting liability, damage or loss to the property or life arising directly or indirectly out of any defect in the refrigerator the company’s obligation under this warranty shall be limited to repair or providing replacement of defective parts only under the warranty period and further submitted that any damage due to voltage fluctuation etc is not covered under the warranty period.
The OP Nos. 2 & 3 further submitted that after receipt of the complaint by the complainant the technician of the Ops after inspecting refrigerator identified that the printed circuit board was damaged due to voltage fluctuation and the same was informed to the complainant and also informed the complainant that the damaged PCB could not be replaced under the warranty and thereafter the complainant asked the OP No.2 to get repair at the own cost. Hence, OP No.2 contacted the OP No.3 to enquire about the PCB and OP No.3 informed that the manufacturing of the said model was stopped and therefore not available.
The OP Nos. 2 & 3 further submitted that as per the terms of the warranty, the company has got a buy-back policy subject to terms and conditions and the same was communicated to the complainant, but the complainant refused to the said offer and thereafter issued a legal notice and the said legal notice was suitably replied. Hence, the OP Nos. 2 & 3 prays to dismiss the complaint.
4. Both parties have filed their affidavit evidence. Based on the above materials the following issues will arise for our consideration.
- Whether there was deficiency in service on the part of the OPs as alleged by the complainant?
- What Order?
5. Our answer to the above issues are as under:-
Issue No (1) : In the Negative
Issue No (2) : As per final order below
: REASONS:
Issue Nos. (1) & (2):-
6. On perusal of the pleadings, evidence and documents produced by both the parties, it is an admitted fact that the complainant had purchased a refrigerator of LG REF.GL-308VSX5ST make of 290 liters from the OP No.1 on 04.06.2011 by paying an amount of Rs.21,600/-.
7. The contention of the complainant that the above said refrigerator was under the warranty period, but the OP has refused to give a service with free of costs.
8. Per-contra, the OP Nos. 2 & 3 submitted that they have given a warranty for the above said refrigerator for one year plus four years additional warranty for the compressor and there is no warranty period for PCB.
9. On perusal of the job sheet produced by the OP, wherein it is clear that there is a defect in the PCB. Further, on perusal of Ex.P2 warranty card, wherein it is clearly mentioned that one year warranty for all parts except Light, Bulb, Consumables, Loose Plastic Parts, Glass and thereafter a four years additional warranty for the compressor from the date of purchase of the product.
10. Further, on perusal of the pleadings and documents it is seen that the complainant had purchased the refrigerator on 04/06/2011. The complainant had approached the Ops for the PCB problem in the above said refrigerator on 27/02/2015 i.e. after lapse of 3 ½ years from the date of purchase of the above said refrigerator. As per the warranty card, the warranty period covers only for one year for all parts from the date of purchase of the refrigerator. But, the complainant approached the Ops for the problem in the refrigerator after lapse of 3 ½ years that means after the expiry of the warranty period and during that period the complainant has used the above said refrigerator without any problem.
11. In the case on hand, it is clear that there is no warranty for PCB. When such being the case, this Forum do not have any power to interfere with the matter when there is no warranty for PCB. If any problem arises with regard to compressor then this Forum would have been interfere with the matter as there is additional four years warranty for compressor. Hence, on the above discussion, we found there is no good grounds to allow this complaint. Accordingly, we answer the above points and proceed to pass the following:-
-:O R D E R:-
The complaint filed by the complainant is hereby dismissed. No order as to costs.
Communicate the orders to the parties.
(Dictated to the stenographer, transcribed and typed by him, then corrected and pronounced in the open Forum on this the 23rd Day of FEBRUARY 2017).
Sd/- Sd/-
LADY MEMBER PRESIDENT
