Chandigarh

DF-II

CC/411/2017

Ms. Tammana Rao - Complainant(s)

Versus

M/s LG Electronics Pvt. Ltd., - Opp.Party(s)

Jagvir Sharma Adv. & Rattan Singh Adv.

07 Nov 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	411/2017
Date of Institution	:	16.05.2017
Date of Decision	:	07.11.2017

 

                                       

                                               

Smt.Tammana Rao w/o Sh.Surender Rao r/o H.No.584/1, Phase-X, Mohali-160064.

                                ...  Complainant.

Versus

1.      M/s LG Electronics Pvt. Ltd., Plot No.194-95, Industrial Area, Ramdarbar,Phase-II, Chandigarh through its Regional Head Service.

2.      M/s LG Electronics Pvt. Ltd., D-59, Site-4, Indl. Area, Kasna Road Surajpur, Greater Noida, Uttar Pradesh through its Managing Director.

3.      Paras Enterprises (2011-12), SCO No.370, Sector 35-B, Chandigarh through its Proprietor/Partner.

…. Opposite Parties.

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI RAVINDER SINGH, MEMBER

 

Argued by: Sh.Jagvir Sharma, Adv. for the complainant

                 Sh.Arjun Grover, Adv. for the OPs.

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the complainant-Smt.Tammana Rao purchased a LG Refrigerator vide Invoice dated 06.06.2011  (wrongly mentioned as 06.07.2011) for Rs.26,500/-  from OP No.3 who is the authorized dealer of the manufacturer i.e. OPs No.1 and 2, having guarantee of 7 years. The refrigerator  had gone out of order  and she got it repaired by paying Rs.1360/- vide Invoice dated 31.01.2017 (Annexure C-2) to M/s Hightech Services, Mohali [Service Center of  OPs No.1 and 2].  However, the refrigerator   again went out of order and she registered the complaint on 08.03.2017. On inspection,  it was found that the parts required for the repairs are not available with the OPs and as such the Service Center is not in a position to do the needful.  According to the complainant, the refrigerator has become a necessity and as such she purchased a new refrigerator vide invoice dated 31.03.2017, Annexure C-4.  She also got served a legal notice upon the OPs but they neither replied the said notice nor repaired the refrigerator. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         In their written statement, the OPs have stated that the refrigerator was purchased on 06.07.2011 and the warranty period was wrongly mentioned as 7 years whereas the same carries the warranty of one year on the functional parts and additional 4 years on compressor as per the warranty policy and, therefore, the repairs were to be affected  on chargeable basis.  It has been further been stated that after the warranty period, the complainant approached them on 31.01.2017 and on inspection of the refrigerator, it was found that the PCB was damaged and the same was not repairable, the model being outdated and the manufacturer does not manufacture the captioned model/parts.  However, the complainant was advised to get the depreciated cost of the refrigerator as per the company policy to which she refused and insisted upon the repairs of the PCB despite the fact that the repair of the PCB was to be temporary in nature and is not a permanent solution. It has further been stated that the complainant again approached the OPs on 08.03.2017 and on inspection, it was found that the IC of the PCB was damaged and the same was not repairable and the Service Engineer once again informed the complainant that the product being outdated is not manufactured by the OP-Company and she was advised to get the depreciated value of the refrigerator as per the company policy but she pressurized to refund the invoice value.  The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.         We have heard the Counsel for the parties and gone through the documentary evidence on record very carefully.
4.         The complainant purchased the refrigerator in question vide Invoice dated 06.06.2011. However, she has not been able to place on record any guarantee/warranty card of the refrigerator in question to prove that the same was carrying a guarantee of seven years as averred in the complaint.  We are, thus, inclined to accept the plea of the OPs that the same carries the warranty of one year on the functional parts and additional 4 years on compressor as per the warranty policy (Ex.R-1).       
5.         The perusal of the invoice dated 31.01.2017 issued by M/s Hightech Services (Authorized Service Center of OPs No.1 and 2), a copy of which has been placed on record by the complainant itself shows that she approached the OPs for the first time on 31.01.2017 i.e. after the expiry of the warranty period of the refrigerator in question meaning thereby that the same was functioning properly prior to that period.  In case there is guarantee or warranty then there is a contract between the purchaser and seller to replace or rectify the goods, but, where the guarantee or warranty period expires, the contract between the purchaser and seller of goods comes to an end. After the warranty period, there is no contract between the purchaser and the seller. Deficiency in service or unfair trade practice on the part of the OPs can only be attributed if any contract between the complainant and the OPs is infringed and the terms and conditions are violated.  There was no warranty or guarantee by the OPs that the refrigerator will last long for so many years even after the warranty period. 
6.         Needless to mention here that the Service Engineer of the OPs had carried out the repairs to the PCB of the refrigerator on the insistence of the complainant.  This fact is clear from the certificate i.e. Ex.R-4 wherein, Sh.Salman Khan, Service Engineer  specifically mentioned that  on 30.01.2017 after inspection it was diagnosed that the PCB of the refrigerator could not be repaired as the power Section of the PCB was damaged and even if it was repaired, the repairs would be temporary in nature.  It was also mentioned that he even advised the complainant to get the depreciation value of the product as per the depreciation policy of the Company instead of getting the product repaired.  Thus, it is the complainant who herself got the repairs done to the PCB at her own risk and if, the PCB became again defective then the OPs cannot be held liable for the same. 
7.         As per the depreciation policy (Ex.R-5), the complainant is only entitled to get the depreciation value of the refrigerator in question from the OPs on account of their failure to provide the spare parts to make the refrigerator functional which they (OPs) even offered prior to the filing of the present complaint but she refused to accept the same for the reasons best known to her and preferred to file the instant complaint.   
8.         However, at the time of arguments, the Counsel for the OPs has submitted that the OPs, as a goodwill gesture, are ready to pay 30% of the price of the refrigerator in question irrespective of the fact that the complainant is only entitled to 15% of the price of the refrigerator as per the depreciation policy of the company.  In our considered view, the offer so made by the OPs is reasonable and justified keeping in view of the facts and circumstances of the instant case.  The complainant is, thus, held entitled to get 30% of the price of the refrigerator in question so offered by the OPs.
9.         For the reasons stated above, the complaint is disposed of with a direction to the OPs to pay 30% price of the refrigerator i.e. Rs.7950/- towards its depreciation value within 15 days on receipt of such a request from the complainant in lieu of her old refrigerator.  The parties are left to bear their own costs.
10.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

07.11.2017                                                

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(RAVINDER SINGH)

MEMBER