Failure To Replace Or Refund Amount For Defective Dishwasher Bengaluru Commission Holds LG Electronics And Its Seller Liable

Brief Facts:

Sri E. Venkataramana (“Complainant”) purchased an LG Dish Washer for Rs.56,000/- from Grias Investment Private Limited (“Seller”), manufactured by LG Electronics India Private Limited (“Manufacturer”). Subsequently, the appliance was delivered and installed on 04.01.2021. However, within a short period, it started experiencing issues. The Complainant promptly complained to customer care. The customer care team visited the Complainant opened the machine and determined that there was a problem with the motherboard of the machine. The Complainant was then directed to contact the Manager for further assistance.

Despite the complainant's efforts in approaching various representatives, including the Area Manager whom he contacted on 22.02.2021, the issue persisted without resolution. The Area Manager assured the Complainant of a refund pending approval from the Head Office but, disappointingly, no further response was received. Faced with unresponsiveness, the Complainant sent a legal notice to the Seller and the Manufacturer. In the absence of any resolution or response from both, the Complainant filed a consumer complaint in the III Additional District Consumer Disputes Redressal Commission, Bengaluru (“District Commission”).

Observations by the Commission:

The District Commission while referring to the guarantee card indicating the product's warranty period, noted that the dishwasher was within the warranty period. Section No. 6 of the Guarantee card outlined the terms stating that in the case of repairs or replacement of any parts of the unit, the warranty will continue for the unexpired period of the warranty. The replacement of parts was solely at the discretion of the Manufacturer. Furthermore, according to the guarantee card, if the replacement of the entire unit was deemed necessary, subject to the discretion of the Manufacturer, the same model shall be replaced. If such model has been discontinued, it shall be replaced with a model of price equivalent at the time of purchase. However, the District Commission held that no such resolution was reached even when the product was covered by the warranty period.

Furthermore, the Area Manager assured the complainant of a replacement of the product. However, even then, the product was not replaced. Consequently, the District Commission held the Seller and the Manufacturer liable for deficiency of services and unfair trade practices and directed them to refund the cost of the Dish Washer with interest at the rate of 9% per annum from the date of its purchase until realization. Additionally, they were directed to pay a compensation of Rs.10,000/- for mental agony and Rs.5,000/- for the litigation costs incurred by the Complainant.

Case Title: E. Venkataramana vs LG Electronics India Pvt Ltd and others.

Case No.: Consumer Complaint No. 172/2022

Advocate for the Complainant: Party in Person