DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 17^th day of July 2018

Present   : Smt.Shiny.P.R. President

              : Smt.Suma.K.P. Member                                Date of filing:  29/07/2017

              : Sri.V.P.Anantha Narayanan, Member

(CC/112/2017)

K.V.Krishnankutty,

S/o Madavi Kutty Varasayar,

Kanthallor Variyam House,

Sreekrishnapuram PO, 679 513

Ottapalam Taluk, Palakkad District.                                     -        Complainant

(By Adv.K.K.Sreenivasan)

 V/s

1.  The Branch Manager,

     LG Electronics India Pvt.Ltd,                                         -        Opposite parties

     34/565B, 1^st Floor Fortune Arcade,

     N.H.Byepass Service Road,

     Palarivattom, Edappalli,

     Kochi – 682 024.

2.  Authorised Service Centre,

     LG Electronics India Pvt, Ltd,

     MICRO TECH CARE, 8/637,

     Sekharipuram Junction,

     Ayapuram – 678 603.

                                                          O R D E R

By Smt.Suma.K.P. Member

           Complainant purchase an LG Refrigerator from the LG shop of Akshaya Foundation, Stadium Byepass Road, Palakkad as per invoice Number L0000778 on 02.09.2011.  At the beginning the Refrigerator was functioning properly, but later on the freezer section was not functioning.  On 03.06.2015, complainant filed complaint and on 04.06.2015 service personal came and checked the fridge.  The defect was cured for the time being but, again the same defect appeared.  On 13.02.2016 the complainant booked another complaint to the service centre but no action was taken to repair the fridge.  Complainant then sent an email message to the customer service section of the opposite party on 22.07.2016 and the complainant received a reply stating that complaint is forwarded to the branch office for further action.  On 25.07.2016, it was informed from the service centre of the opposite party that the spare part to correct the damage is not available and the supply is stopped by the LG company.  They had also informed that they will provide a new fridge calculating 15% depreciation on the price.  Complainant did not accept the said offer and informed the opposite party that it is the duty of the company to supply the spare parts of the product and if the company stopped the supply of the spare parts then complainant is entitled to get compensation.  On 25.07.2016 itself the complainant got two messages stating that the complaint of the complainant is closed and another message stating that the second complaint is forwarded to Micro Tech Care for resolution.  After that there was no action from the part of the opposite parties.  On several occasions complainant approached the opposite party and requested either to collect the spare parts and repair the fridge or to pay compensation to the complainant.  But the opposite party was not amenable for both.  So on 05.08.2016 complainant sent a registered notice to the opposite party claiming compensation of Rs.1,00,000/- for the damages and losses caused to the complainant due to the  deficiency of service from the opposite party.  No reply was sent by the opposite party nor any compensation was paid as claimed in the notice.  The complainant states that he suffered much mental agony and financial loss due to the above act of the opposite party.  He further alleges that no prior information was given by the manufacturer stating the non supply of the spare parts to its customers which amounts to deficiency of service and gross dereliction of service on the part of the opposite party.  He further submits that if the fridge was repaired he could have used it for ten more years.  He was constrained to buy a new fridge by paying an amount of Rs.22,800/- on 22.07.2016.  He further alleges that the trouble of the fridge had caused him much mental agony and physical strain, so that the opposite party liable to pay compensation of Rs.1,00,000/- for which he had approached before this Forum. 

          Notice was issued to the opposite parties for appearance.  Opposite parties did not appear inspite of accepting notice from the Forum.  Hence they were called absent and set ex-parte. 

Complainant filed chief affidavit and also an application for appointment of an expert commissioner to inspect the defective fridge and to file a detail report.  Application was allowed and an expert commissioner was appointed.  Expert Commissioner inspected the defective fridge and filed a detailed report.  Ext.A1 to A4 was marked from the side of the complainant.  Expert commissioner’s report was marked as Ext.C1.  Evidence was closed and the matter was heard. 

The following issues that arise for consideration are.

1. Whether there is any deficiency of service from the part of opposite parties?
2. If so, what are the relief and cost?

Issues 1 & 2

           We have perused the documents as well as affidavits and expert commissioner’s report produced before the Forum.  The expert commissioner’s has stated in Ext.C1 that the drainage heater plate of the above fridge is not functioning and thereby there is no cooling effect towards the lowest portion of the fridge.  Hence it is obvious that the above fridge of the complainant is defective and it has to be repaired.  The opposite parties had neither appeared before the Forum nor filed any version denying the allegations in the complaint.  Hence there is no contra evidence before the Forum to disprove the allegations stated in the complaint.  In the above contest the complaint is allowed and we direct the opposite parties to pay Rs.13,000/- (Rupees thirteen thousand only) towards the value of the defective fridge (after deducting depreciation) along with Rs.22,800/- (Rupees twenty two thousand eight hundred only) for which the complainant had to spend for purchasing a new fridge and also to pay Rs.10,000/- (Rupees ten thousand only) towards the mental agony and sufferings caused to him.  We also direct the opposite parties to pay Rs.5,000/- (Rupees five thousand only) as cost of this proceedings. 

The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.

          Pronounced in the open court on this the 17^th day of July 2018.

                                                                                                                   Sd/-

                   Shiny.P.R

                   President 

                        Sd/-        

                   Suma.K.P

                    Member

         Sd/-

    V.P.Anantha Narayanan

                   Member

Appendix

Exhibits marked on the side of complainant

Ext.A1          -  Original Retail Invoice/Credit Bill issued by LG Shope, Palakkad

              Invoice No.L000778 dated.02.09.2011 to the complainant

Ext.A2          -  Original Retail Invoice/Credit Bill issued by RV Home Needs,

              Sreekrishnapuram Invoice No.291 dated.27.07.2016 to the complainant

Ext.A3          series  -  Copy of Registered notice dated.05.08.2016 sent by the complainant

                       to the 1^st opposite party with Postal receipt & acknowledgment card

Ext.A4          -  Original VAT/RETAIL INVOICE No.01451 dated.04.06.2016 issued by

             authorized service centre for LG Electronics India Pvt, Ltd, Micro Tech Care

             to the complainant

Exhibits marked on the side of Opposite parties

Nil

Commissioners Report

Ext.C1          -  Expert Commissioner’s report dated.07.05.2018

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Cost

          Rs.5,000/-