consumer case(CC) No. CC/09/138

TV Suresh, Thalavil house, Pothuvachery post, Kannur Dt- 670621.
...........Appellant(s)

Vs.

1. LG Electronic India ltd., Authorised Service Centre, Team Care, Sai Building, South Bazar, Kannur.

2. Nikshan Electronics Saffire Building, Bank Road, Kannur.

3. National Insurance Company, Parco Tower, 4th Floor, PM Thaj Road, Kozhikode.
...........Respondent(s)


BEFORE:
1. GOPALAN.K
2. JESSY.M.D
3. PREETHAKUMARI.K.P


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


ORDER

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR



Present: Sri.K.Gopalan: President

Smt.K.P.Preethakumari: Member

Smt.M.D.Jessy: Member



Dated this, the 12th day of November 2009



CC.No.138/2009

T.V.Suresh,

Talavil House,

P.O.Poduvacheri, 670 621. Complainant



1. L.G.Electronics Inida Pvt.Ltd.

Authorised service centre,

Team Care,

Sai Building,

South Bazar, Kannur



2.Nikshan Electronics, Opposite parties

Safair Building,

Bank Road, Kannur.



3. National Insurance Company,

Parko tower,

4th floor,

P.M.Taj Road, Kozhikode.

(Rep. by Adv.V.V.Gopinathan)

O R D E R

Smt.K.P.Preethakumari, Member



This is a complaint filed under sectin12 of consumer protection act for an order directing the opposite parties to pay Rs.25, 000/- as compensation including the price of the TV.

The case of the complaint is that he had purchased a TV from 2nd opposite party and had insured for 10years from the same shop with 3rd opposite party. But the TV become defective on 1.4.09 and as per the instruction from 2nd opposite party it was informed to 1st opposite party, the service centre of LG. and a technician from 1st opposite party inspected the TV and he told that 3 of the parts were damaged and is to be replaced. Later on a surveyor came and taken same photos and he had given an estimate for repairing. On the next day itself they replaced the parts and received Rs.1128/- from the complainant. But it was not in working condition. So again service personals visited the TV twice but all are in vein. So they have taken the board of the TV by saying that this can be cured only from the service centre and had fitted an old board to the TV. But even today they have not brought back the board of the TV and the TV is now in open condition. This is due to the deficient service of opposite party No.1. Because of this attitude of 1st opposite party the complainant is not in a position to submit claim form before 3rd opposite party. So the complainant had suffered so much of mental agony and financial loss. Hence this complaint.

On receiving the notice from the Forum all opposite parties appeared and 2nd and 3rd opposite parties filed version. 1st opposite party offered a settlement for rectifying the defect of the TV and complainant also agreed with it. But there after the 1st opposite party has not turned up before the Forum and hence they are called absent and set exprte.

2nd opposite party filed version admitting that the complaint had purchased a TV from their shop and denied all other contentions. According to 2nd opposite party they have no liability since there is no contention against 2nd opposite party and hence they are unnecessary party and the complaint is liable to be dismissed.

3rd opposite party also field version contending that they have not received any claim intimation nor any documents and the insured has not complied with any usual procedure as per the terms and conditions of the policy. More over the complainant had repaired the articles without getting the consent of the 3rd opposite party and hence 3rd opposite party has no liability. Moreover there is no relief sought against 3rd opposite party and hence the complaint is liable to be dismissed.

Upon the above contentions the following issues have been raised for consideration.

1. Whether there is any deficiency on the part of opposite parties?

2. Whether the complainant is entitled any relief as prayed in the complaint?

3. Relief and cost.

The evidence in this case consists of the oral testimony of PW1 and Exts.A1 to A3.

Issue Nos. 1 to 3

The complaint’s case is that he had entrusted 1st opposite party for servicing the TV on 1.4.09 which was purchased from 2nd opposite party and insured with 3rd opposite party. But 1st opposite party was not cured its defect and they had taken the board of the TV and was not returned back. But there was no allegation against 2nd opposite party and 3rd opposite party in the pleadings and evidence except that they were seller and insurer. The 1st opposite party admitted before the Forum that the board of the TV with them and was ready to bring back and fitted to the TV of the complainant after curing defects. But there after they were neither filed version nor turned up before the Forum for fulfilling the assurance given before the Forum. This itself shows the deficiency of opposite party No.1 for which they are liable to compensate the complainant by completely curing the defects of the TV and keep in working condition without charging any amount from the complaint. The 1st opposite party is also liable to pay. Rs.500/- as cost of the proceedings and the complainant is entitled to receive it. There is no claim against opposite parties 2 and 3 and hence they are exonerated from liabilities.

In the result, the complaint is allowed directing the 1st opposite party to keep the TV in working condition after curing the defect without levying any amount from the complainant and to give Rs.500/- as cost to the complainant within one month from the date of receipt of this order and if not the complainant can execute the order as per the Consumer protection act.

Manager LG Service Center

Not satisfied with your 32” LCD Television

I have purchased LG 32” LCD Television before some month back. After 2 month of the
usage of your product I am getting some disturbance to view the picture on
television with the complain number “Ref July 09:W9C71703968” your support
engineer has visited my place and he is not able to resolve the complain for
whatever reason.
After sometimes I am getting one line in the middle of the television from top to
bottom straight line with the complain number “22/10/2009 : C09A2216751” your
service engineer has visited and identified that you have to replace some internal
parts, so your engineer has changed the faulty part with the new Part (which is also
faulty)

After replacing the faulty part when I am starting the my television it gives me
straight 2” Inch wide line on my entire television I have also register the
complain with complain number” 22/10/2009 : C09A2216751” but till today I am not
getting any result.

I am requesting you to please please replace your faulty 32” LCD television.
Otherwise I need to knock the door of consumer court.
I am very disappointed with your product I buy. And I will also not preferring to
buy any of your product.

Your earlier action in this mater is appreciated.

Thank you,
Dinesh Soni
9909030369
Plot Number:476
Sathwara Colony,
Sector 5,
Gandhidham,
Kutch,
Gujarat,
India

this is with reference to your LG LCD which i had purchased on 17th october 2009
from CROMA malad. the model no. 32LF20FR. exactly after 15 days the screen was
completely dead we could only hear the audio but visuals were dead. since 19th
November i have been registering my complains on the helpline number provided by the
LG care they ask all sort of information from me for atleast 20 minutes they keep me
on hold and never revert back. every hour i have been calling them but there is no
positive reply from them. they had given me a number of a service centre where i
called and an engineer was sent to my place on 20th november, he came at 9:30 at
night, which was again disturbing. he analysed the LCD for one hour and then finally
came to aconclusion that LCD MOTHERBOARD is defected and needs to be replaced.

As i insisted him to let me know the exact day when he would come and repair the lcd
as i have to take off from my duties,in front of me he called the service centre and
confirmed to me that the repair will be done on21st november, the whole day i was
waiting, i did not go to work and the person called Ganesh (contact number
02228574964,) did not turn up. as it was about seven in the evening i was forced to
call him to get feedback. he was not picking up my phone delibirately, but after
trying several times he picked up my phone and said that the peice was not available
and he will come on monday ie 23rd nov. he was definite about monday so i took off
and again it was the same day for me. till now i have not got any feedback, and
there is no one who seems to be helpful. the customer care is definately hopeless
and just sitting to waste our energy, time and money.

my request from the consumer society is that this is a complete fraud. purchaisng a
new LCD worth Rs 32,000 which turns dead in 15 days is not at all accepatable. i
need a new LCD because once the LCD is opened i am not sure how long will it
work. being a regular customer of LG i would kindly request the officials to look
into this matter and send me a fresh LCD. a new LCD is my right as a consumer
because LG cannot give me a product which is so costly and gives such a quick
problem. i have several complains number but the latest one is C09B1919588

thanks
celin
9226882931/9892464170

C.C.No.153 OF 2009.
Date of filing: 24.07.2009.
Between :

S.S.N.D.B.Prasad, S/o Suryanarayana, 73 years, R/o B-11, Santi Apartments, P & T New Colony, Vijayawada -8.
….. Complainant.

And
1. M/s L.G.Electronics Pvt., Ltd., Rep., by its Managing Director No.914-II Floor,

Venkateswara Complex, 80 Feet Road, Koramangala VI Block, Bangalore – 95

2. S.P.K.Services (L.G.Authorised Service Centre), Rep., by its Manger, D.No.29-2-42,

Ramamandiram Street, Governorpet, Vijayawada – 2.

….. Opposite Parties.

This complaint is coming before us for final hearing on 08.01.2010, in the presence of Sri M.Vittal Rao and Sri B.T.Joseph, advocates for complainant and Sri P.L.Prabhakar, Advocate for opposite parties and having stood over for consideration till this day, the Forum doth order the following :

O R D E R

The brief averments of the complaint are as follows:-

1. That the complainant purchased LG Colour Television from M/s Krishna Electronics, Vijayawada on 13-4-2005 and installed. Thereafter it gave some trouble so he approached the 2nd opposite party and the 1st opposite party. After some time the service engineer of the opposite parties came and rectified the defect and collected an amount of Rs.281 from the complainant within the warranty period though they are not entitled to collect any charges within the warranty period. Thereafter the complainant contacted the opposite parties but in vein. Later the complainant got issued a legal notice to the opposite parties on 29-05-2008 though received the opposite parties neither replied nor complied the demands of the complainant. Hence the complaint.

2. The opposite parties filed version jointly interalia denying the allegations in general and contended that the complaint is barred by limitation and that the charges collected by the service engineer are genuine since he went to the house of the complainant and rectify the defects. The warranty period by the complainant is only extended warranty and that there is no bar can collecting the service charges and that the complaint is vexatious and the grounds are inconvenience and untenable and prayed to dismiss the complaint with costs.

3. On behalf of the complainant the complainant himself filed an affidavit and got marked Exs.A.1 to A.4. On behalf of the opposite parties Sri T.Venkata Narayana Reddy filed an affidavit and no documents are marked.

4. Heard both sides.

5. Now the points that arises for consideration in this complaint are

1. Whether there was deficiency of service on the part of the opposite parties, if so, the complainant is entitled for return of the service charges?
2. What relief the complainant is entitled?

6. point No.1:- Though the learned counsel for the complainant contended that the charging of service charges is contra to the warranty and that the non reply to the correspondence by the complainant amounts to deficiency in service. But there is no cogent material on hand to accept the award why because Ex.A.1 itself discloses that special three year warrant certificate i.e., to say that it rectified the defects if any if occurs in television within three years. Here in this case the opposite parties rectified the defects within the warranty period and they have not charged anything for rectification of defects but only charged only service charges i.e., for the mechanic or engineer who came to the house of the complainant and rectified the defects that apart there is clear condition in Ex.A.1 warranty certificate “Customer has to pay the visiting charges if call is outdoor (at customer place) or the inspection charges if the failure or complaint is not caused by or related to the manufacturing of the product”. So here in this case also as per Ex.A.2 it is noted as service charges. It is true that the complainant issued legal notice to the opposite parties and that the opposite parties received the same under Ex.A.4 but fail to reply and it amounts to deficiency in service. But in this case there is no scope to attribute deficiency in service to the opposite parties since opposite party contended the call and repaired/rectified the defect of the television. So complainant is not entitled for the relief and accordingly this point is answered.

7. In the result, the complaint lacks any merits much less valid merits and it deserves to be dismissed and accordingly the same is dismissed. But no order as to costs.

Typed by Steno K.Sivaram Prasad, corrected and pronounced by us in the Open Forum on this the 25th day of January, 2010.

Dear Sir

This is to inform you that I have lodged complaint on 27.06.2010 regarding My new LCD pannel complaint (Dammage) complaint no C1062701904.

I have sent several reminder lodged through your toll free service no 1800-180-9999 but no body give proper responce regarding my complant as well as personally contact Mr Fazil,Mr Ramesh,Ms Vandana,Ms Pooja,Mr Nagesh but they are not able to give me proper responce infact your indore CSO is not calling me over phone after 18 times contacted to her.

Dear Sir

This is to inform you that I have complaint to LG service center directly first time on 13.07.2010 regarding tv facing problem of coming only sound without picture and one of your service engineer came and repaired, after 30 minute gone back of your service engineer TV gone dead(really its bad service of ur service engineer).

again i was complaint on 08.08.2010 the request id is c1080809850,then same service engineer say taht we have to change cathode tube n cost of 3,000 rupees,because our tv of out of warrenty.(we purchesed in 06.02.2010 model no:21fc8bg-ax ,serial no:801nlfd001619.while buying the tv they didnt give any guidline about anual maintenance contract..
my request is to in ther no voltage veriation and we using stabilizer also,then how it would be gone dead either product is defective or bad service..so please replace whatever going wrong in that TV with company cost only.


I have sent several reminder lodged through yoeur toll free service no 1800-180-9999 but no body give proper responce regarding my compliant as well as personally contact Mr zaheer(998650764),Mr manohar(9986506080) and soo many but they are not able to give me proper responce infact till now i did not get correct information.

Your earlier action in this mater is appreciated.

Thank you

from
sagar.a.s
s/o srinivas gowda .r
ankanahally,
saligrama (hobli)
k.r.nagar(taluk),
mysore(d),
karnataka.

dear sir/madam

maine lg refrigerator purchase kiya tha /11/2007 me

sir maine complaint 17/8/2010 ko kiya hai unhone request id no.c1081707116 diya hai lekin abhi tak koi responce nahi mila hai

pls send the service engineer

Regards

SYED TARIQ ALI

Email id:tariqali786@rediffmail.com

Ph.No.08009996423

we have purchased LG Scarlet 32-60UR (804LPZV000693) on 01 June 2008 of 48,000/-
we had paid for AMC 7388/- with the assurance that if any issue will be arise.
LG will visit us with 24hrs and will fix the issue.

we have registered on 28th May 2011 our complaint RNA 110528092613 .after several calls there till date there is no proper response we have got so far. No one ready to reply with appropriate with any answer.

today again we have called LG customer care to check the status but they dont have any answer instead of fake promises and non valid reasons.

we are sick and tired and there is no hope.

Regards,

Sunny Bains

9718329068

would request you to kindly look into this as you are our last hope