
A district consumer commission in Punjab has directed LG, its service centre and an electronics store to pay Rs 10,000 and repair the refrigerator of a man, free of cost, who had bought the product, which later repeatedly came up with defects, and the company refused to replace the product.
A bench comprising Naveen Puri (president), Prem Singh Salaria (member) and Harvimal Dogra (member) of the Hoshiarpur District Consumer Dispute Redressal Commission was hearing a complaint filed by a man who had purchased an LG refrigerator from an electronics store; the product kept having defects due to which the man requested that it be replaced, but no solution was provided for his grievances.
“So in this equation, it is clear-cut deficiency on the part of the OPs (the company, electronic store and service centre), in supplying an under-functional refrigerator to the ‘consumer’ and also in providing, rather very poor post-sale services. And due to their autocratic attitude, the ‘consumer’ was forced to approach this Commission with an instant consumer complaint,” the May 20 order read.
10 years guarantee
The man purchased an LG refrigerator of 496 litres from an electronics store for Rs 65,000. During the purchase of the refrigerator, the man was given assurance for ten years guarantee, and he was also assured of any problem that would arise during the said period.
The refrigerator was working well, but after 2 years, it started creating problems, and there was a problem in the cooling system of the refrigerator as well. When the man complained at the toll-free number of the company, an employee of the service centre told him to put the refrigerator in sunlight; accordingly, he placed it in sunlight in the house, and it started working and cooling.
In the year 2023, the refrigerator again started giving problems. After repeatedly contacting the electronics store for repairs, a representative was sent who after inspecting the refrigerator informed the man that the compressor is badly damaged and there is no hope of repair of compressor and they will have to replace the part with a new one. The compressor was then changed at the service centre of the company.
It was alleged that the refrigerator again started creating problems and was mechanically defective from the first day itself. The man asked the electronics store to replace the refrigerator as it was under the guarantee period; however, he was told to approach the company as it was the manufacturer who was liable to replace the refrigerator.
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When the man approached the company on the phone, he was not given a satisfactory response, and they directed him to the service centre for repairs. Because the man got no solution from repeated visits to the electronics store and by sending a legal notice, he approached the consumer commission.
‘Autocratic attitude’
The commission noted that a “huge cost” of Rs 65,000 was paid by the man to purchase the refrigerator and since its primary function was to maintain a cooling temperature and as alleged in the complaint, the refrigerator “of such a well-known brand LG” had problems in cooling, so it was worthless to the buyer.
It was observed by the commission that the complaint did not contain any evidence to prove that the compressor of the refrigerator was defective or that some part of the fridge was defective, or that the refrigerator was not providing cooling effect to its optimum level.
Similarly, it was also observed that the company and the electronic store did not provide any technical report from any expert that the refrigerator supplied by them is in a fit condition, neither did they give any evidence to oppose the allegations of the man.
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The commission held that there was a “clear-cut deficiency” on the part of the company and store in supplying an refrigerator which was not functioning properly to the man and also in providing “rather very poor post sale services.”
The commission also stated that because of the “autocratic attitude” of the company the man was forced to approach commission with consumer complaint. Accordingly, the company was directed to send a technically qualified engineer to inspect the refrigerator minutely and defective parts be replaced and that the refrigerator must function to the entire satisfaction of the man.
The commission specifically mentioned that no costs shall be charged from the man for this process of inspection and replacement of any parts. The company and electronics store was also ordered to pay a lump sum amount of Rs 10,000 as compensation for their ‘autocratic ways” that caused hardships and mental agony to the man and for his legal expenses.
‘Time-barred’
It was contended by the company that the complaint was time-barred as the date mentioned on the bill was June 8, 2020 and that the man had suppressed the important and relevant facts of the case.
It was argued by the company that the complaint was filed with bad intention and that the man had also twisted facts for his own convenience to mislead the commission.
It was submitted that there was no date or year mentioned by the man that when did he register his grievance with the company in respect of working or manufacturing defect in the refrigerator and that the company never gave any guarantee on any of its products and that the correct term was ‘warranty’.
The company also stated that the contents of the complaint themselves stated that the product was mishandled by the man and his family, even then the company for the sake of its reputation, changed the compressor of the refrigerator without any cost.
Significance
The ruling establishes the obligation of companies to actually comply with the after sale services promised to the consumers and that the concerns of the consumers must not be ignored, causing them unnecessary inconvenience.
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Consumers must also pursue their complaints in before appropriate forums so that the companies and service providers at fault are held accountable for their actions. For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Punjab helpline:0800-22577) or call the National Consumer Helpline at 1915 for assistance.
View original source — Indian Express ↗



