Inadequate Cooling And Loud Noise In New Refrigerator, Bidar District Commission Holds LG Electronics And Reliance Retail Liable

Brief Facts:

Mr Shaik Miftauddin (“Complainant”) purchased an LG refrigerator in grey colour, from Reliance Retail Ltd (“Reliance”) on April 15, 2022. The total cost of the refrigerator was Rs. 73,316, which included a discount and was financed through a Bajaj Fin-service Loan. However, shortly after the installation of the refrigerator, the complainant encountered problems. The items kept in the fridge, such as vegetables and fruits, were getting damaged due to inadequate cooling. The complainant contacted the installer, who provided some instructions to address the issue.

Despite following the instructions, the problems persisted within a week, leading to another complaint from the installer of the refrigerator. This process repeated itself several times, with the installer attending to the complaints and even taking photographs and videos to report the issues to higher authorities. On the advice of their higher officers, the installer suggested not storing plastic bags inside the refrigerator, a recommendation the complainant followed. However, these efforts did not resolve the recurring problems. The complainant lodged numerous online complaints with LG, but the responses from their customer care were vague and unhelpful. As a result, the complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Bidar (“District Commission”).

The complainant contended that the refrigerator was defective in terms of cooling, produced a loud noise, and failed to preserve the stored items properly. This, according to the complainant, constituted a deficiency in service and unfair trade practices by the opponents. Despite the complainant's inability to use the refrigerator effectively, he was still required to make loan instalments to Bajaj Fin service.

Reliance admitted to the purchase of the refrigerator by the complainant but denied any liability, claiming to be a facilitator between the manufacturer and the customer. LG did not file their written version or evidence initially.

Observations by the Commission:

The District Commission after referring to the evidence and admissions produced before it such as the original bill, a message from customer care, and a legal notice noted that the complainant had successfully proven his case and held Reliance liable for the sale of a defective refrigerator. LG, the manufacturer, was also implicated in the case. The District Commission held Reliance, the seller and LG Electronics, the manufacturer responsible for deficiencies in service, negligence, and unfair trade practices.

Consequently, the District Commission ordered Reliance and LG Electronics to pay the complainant the price of the refrigerator, as mentioned in the original bill, which amounted to Rs. 72,615. Additionally, they were instructed to pay an additional sum of Rs. 5,000, as agreed upon in an undertaking memo dated September 20, 2023. In addition to the compensation for the refrigerator's price, Reliance and LG Electronics were directed to cover the complainant's litigation costs, which amounted to Rs. 5,000. Furthermore, they were ordered to pay an additional sum of Rs. 2,000 as compensation for the mental harassment and inconvenience suffered by the complainant due to the defective refrigerator. The commission dismissed the complaint against LG Service Centre.

Case Title: Shaik Miftauddin vs Reliance Retail Ltd. and 2 others

Case No.: CC/15/2023

Advocate for the Complainant: Kum. Shivleela.S.Kodge

Advocate for the Opposite Party: Smt. Padma M

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