Haryana

Ambala

CC/172/2021

Rupesh Sehgal - Complainant(s)

Versus

Rameshwar - Opp.Party(s)

In Person

17 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

Complaint case no.	:	172 of 2021
Date of Institution	:	28.04.2021
Date of decision	:	17.04.2023

Rupesh Sehgal aged about 40 Years Son of Shri Subhash Sehgal, Resident of H. No 2096 Kacha Bazar Ambala Cantt.

          ……. Complainant

Versus

1. Rameshwar Owner of Advance Electronics, 4261/62 Punjabi Mohalla Near Vijaya Bank Cross Road No.2, Ambala Cantt-133001
2. LG Electronics India Pvt. Ltd., Regd. Office: A-24/6 Mohan Cooperative Industrial Estate, Mathura Road, New Delhi-110044

    (Corporate Identity Number: U32107DL1997PTC220109)

   ….…. Opposite Parties.

 

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Harshit Kapoor, Advocate, counsel for the complainant.

                     Shri Rajiv Sachdeva, Advocate, counsel for OPs.

         

Order:        Smt. Neena Sandhu, President.

 

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the amount of Rs.80000/- paid by the complainant as cost of the fridge.
2. To pay an amount of service charges of Rs.3236/- alongwith interest on daily basis from 30.12.2020.
3. To pay compensation and cost of litigation cost to the tune of Rs.20,000/-

 

2.             Brief facts of the case are that the complainant purchased one fridge Model Number GC-B207GPQV vide Bill Number T-2015LGKAR0892 for an amount of Rs.80000/- on 14.04.2015 from the OPs. On 29.12.2020, the said fridge started giving troubles i.e. low cooling problem, for which complaint no. RNP201229080736 was lodged by him with the OPs. Thereafter, the said fridge was got repaired by the OPs on receipt of Rs.1062/- but it stopped working after two days of repair thereof. Complaint was against lodged with the OPs upon which the complainant was asked to make payment of Rs.2176/- for replacement of defective heater and sensor, which was paid by the complainant yet, still the said fridge did not work. Resultantly, the complainant contacted the OPs number of times in the matter but to no avail.  On the other hand, the OPs offered 20% of total amount of the said fridge i.e. Rs.16,000/- and asked him to purchase a new fridge and further offered 15% discount on the same.  Under these circumstances, the complainant sent legal notice dated 23.03.2021 upon the OPs in the matter but to no avail. Hence, the present complaint.
3.           Upon notice, OPs appeared and filed written version and raised preliminary objections with regard to maintainability, locus standi and cause of action etc. On merits, it has been stated that OP No.2 is a renowned company in Electronic Products and Commodities and is manufacturing Electronic products for the past several years. The technology used by the company in manufacturing the World Class Electronic Products is highly sophisticated. It is admitted to the extent that the complainant purchased the Refrigerator on 14.04.2015 and that the complainant lodged his first complaint with the OPs on 29.12.2020 i.e. after five and half years of the date of purchase. The service engineer replaced the heater sheath and the refrigerator was made to be in perfect working condition. The complainant again lodged a complaint and upon the receipt of the same the service engineer when visited the premises of the complainant found that there was an internal wiring continuity issue in refrigerator. The change/repair of the internal wiring of the refrigerator is prohibited by the company policy, so the complainant was offered alternate solution. As per the alternate solution, the complainant was to get 20% refund of the purchase value after deduction of depreciation as per the policy of the company. The complainant was also offered that in case of purchase of a new product of the company, an additional discount of 15% would be made available for him on the dealer price of the said new product but the complainant adamantly demanded the replacement of the said fridge or in alternate full value refund despite the fact that there as no manufacturing defect therein. The complainant has used the refrigerator in question for a period of more than 5 and half years and has enjoyed the services of the same. Rest of the averments of the complainant were denied by OPs and prayed for dismissal of the present complaint with heavy costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW1/A alongwith documents as Annexure C-1 to C-13 and closed the evidence on behalf of complainant. On the other hand, learned counsel for OPs tendered affidavit of Vikas Batra, Authorized Signatory, M/s L.G. Electronics (I) Pvt. Ltd. as Annexure OP1/A and closed the evidence on behalf of OPs.  
5.           We have heard the learned counsel for the parties and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by neither rectifying the defective fridge in question nor refunding the price thereof, the OPs are deficient in rendering services.  
7.           On the contrary, learned counsel for OPs submitted that since the complainant failed to prove by placing on record any expert report or otherwise, that any defect occurred in the said fridge during the warranty period and on the other hand, despite the fact that some defect arise in the fridge after more than five and half years from the date of purchase thereof, as such, he is not entitled to get any relief qua refund of cost of the fridge or new fridge.  He however, also submitted that there is an internal wiring continuity issue in refrigerator and the change/repair of the internal wiring of the refrigerator is prohibited by the company policy, and therefore the complainant was offered alternate solution of refund to the tune of Rs.16,000/- after depreciation.
8.           It may be stated here that it is an admitted fact that defect in the said fridge has occurred after more than five and half years i.e. on 29.12.2020, whereas it was purchased on 14.04.2015 vide bill Annexure C-12. However, at the same time, we cannot lost sight of the fact that the complainant had paid an amount of Rs.80000/- for purchase of the said fridge and it cannot be expected and accepted that the said fridge will  function during the warranty period of 5 years only. Thus, under these circumstances, the opposite parties cannot wriggle out of the situation by saying that since there is an internal wiring continuity issue in fridge, as such, the change/repair of the internal wiring thereof is prohibited by the company policy and the same being not under warranty period, at the most, the complainant can be refunded only an amount of Rs.16000/- after applying depreciation on the sale consideration, which was also offered to the complainant vide email Annexure C-6. It may be stated here that the fridge got defective due to an internal wiring continuity issue, as such, it was the duty of the OPs to remove the defect of the fridge by resolving the internal wiring continuity issue by charging the cost of the said part from the complainant, same being out of warranty, but they failed to make the fridge operational. Taking into account the totality of the facts and circumstances, we are of the considered opinion the amount of Rs.16000/- offered to be refunded to the complainant is on the lower side and if the same is enhanced to the extent of Rs.32000/-, i.e. 40% of the sale consideration of Rs.80,000/- i.e. (after deducting depreciation of 60%),  that will meet the ends of justice.
9.           In view of above, this complaint stands disposed of with the direction to the opposite parties, to pay an amount of Rs.32,000/- in lump sum, to the complainant, jointly and severally, within a period of 45 days from the date of receipt of the certified copy of this order, failing which, they shall be liable to pay the said amount alongwith interest @6% p.a. from the date of default till realization.
10.           At the same time, the complainant is also directed to handover the fridge in question, to the opposite parties on the very same day of receipt of the said amount of Rs.32,000/- from them.
11.           Certified copy of the order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 17.04.2023.

 

 

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President