By Speed Post Reg AD-EM********6IN-16.03.2011
To,
The Managing Director,
LG Electronics India Pvt Ltd (LGEIL)
Plot No 51, Surajpur Kasna Road,
Greater Noida - 201306 (UP)
Sub.:Deficiency of Service and Deficiency in after sales service or not abiding by warranty clause. - Non- Replacement of LG 195NM5 (Single Door Refrigerator) purchased from the LGEIL
This complaint is being made by self, Mr. Tejas Jagdish Joshi (hereinafter referred as "Complainant") resident of Shreepati Annexe-II, D-Wing, 605,6th Floor, August Kranti Marg, Mumbai – 400 036 referred hereafter as Complainant, and is as follows:-
I am an individual and a salaried class employee with a family of 3 people.
I had purchased an LG Refrigerator Model No. LG 195 NM5 refrigerator manufactured by the LGEIL form M/s. Kohinoor Tele Video. (Prop:Ganesh Tele-Video Agencies P Ltd) ,The Complete Electronics Mega Mart,339,Lamington Road,5,Rajesh Bldg, (Opp. Police Station),Mumbai – 400 007.Tel No.:23821472 (hereinafter referred as "Vendor").
The Vendor is engaged in selling Consumer Durables like refrigerator ,T.V., mixer, oven etc. to the public for a consideration ,apart from other activities. Complainant had purchased the LG Refrigerator Model No. LG 195 NM5 refrigerator manufactured by LGEIL.
The Complainant for own use purchased the said refrigerator from the Vendor upon making full payment in cash for Rs.9,000/-against the invoice no. 153227 dt. 10.1.2010 issued by the Vendor (Ex-1).
The said refrigerator was sold by Vendor to the Complainant with clear obligation that the product will be of good use for which it is purchased and it will be useful by the Complainant for his use and further the product was covered by warranty of 1 year from date of purchase/date of invoice by LGEIL.
However, immediately after the refrigerator was put to use it started giving problems resulting in inordinate delay in cooling, abruptly stopped functioning and in some instances water leakage and thereby causing damage to vegetables, eatables, milk etc kept inside the fridge. This I apprehend is due to the faulty/manufacturing defect of equipment supplied to me.
The Complainant immediately contacted the Vendor for reporting and rectification of the problem. But the Vendor initially offered to solve the problem with the Plea that the complaint can be resolved by the LGEIL who has issued the warranty. Thereby the complainant had sent email complaints on various occasions and the copies of emails are enclosed (EX-2). On several occasions due to repeated complaints by me the Co’s (LGEIL) authorized service representatives attended to the fault but however it again used to malfunction within a couple of days of service. Even after repeated complaints as tabled below,
Sr no Complaint ID Date(DD-MM-YYYY)
1 C-1011118108 11/01/2010
2 C-1011218855 12/01/2010
3 C-1011410750 14/01/2010
4 C-1021507322 15/02/2010
5 C-1021520705 15/02/2010
6 C-1021626265 16/02/2010
7 C-1051323796 13/05/2010
8 C-1051328895 13/05/2010
9 C-1052009761 20/05/2010
10 RNA-110315012989 15/03/2011
the Co’s(LGEIL) representatives were only tinkering with equipment but were not able to rectify the fault. In order to substantiate my claim I had sent several emails on each occasion of the failure of the fridge enclosed in the copies of the referred mails. On several occasions I spoke to the customer care centre officer for replacement with anew one or in lieu make arrangement for refund of the price paid by me. However the company choose to ignore my Plea and continued to only send the representative temporarily fix the problem.
The LGEIL also informed vide its mail to the complainant that your valuable feed back is important to us and we are trying to work out solution for the Complainant they will resolve the specific problem relating to the fridge supplied to the Complainant. On few occasions the technical person had came and made some temporary solutions to make it in working condition.By repeated breakdown and sending the servicing personnel the company used the interim period to kill the time and wait for expiry of Warranty as thereafter they are not liable or accountable to the loss. And it actually happened as on 15.03.2011 the refrigerator stopped functioning and whereby vide Complaint No:-RNA-110315012989(dt.15.03.2011) the service personnel visited the place and inspected the equipment and told us that the Thermostatic Valve has malfunctioned and it needs to be repaired which will cost around Rs.500-600 and his visit fees Rs.200/-+Ser Tax as applicable.
The complainant is surprised by this as hardly in a year and month's time the spare parts which are critical in nature suddenly malfunction. Over and above the service personnel told us that we are not defrosting the fridge on regular interval of 3-4 days. As if we are illiterate people and and have not seen the refrigerator in our life time and we are as if using it for the first time.
The LGEIL had supplied defective good and they have to make good the losses suffered by the complainant. The Complainant having been affected with the non-performance of the refrigerator had pertinently send mails to the company (LGEIL) asked to the LGEIL to replace the refrigerator or to give a proper and permanent solution and accordingly mails were sent to the LGEIL (EX-2) to this effect.
In the process the Complainant has not only lost its valuable time for the non-performance of the refrigerator but also to incur expenditure for its eatables items being spoiled /deteriorated due to inside the refrigerator due to its non working and also the complainant has an infant child of 3 years old who regularly requires milk, cerals and other products for his consumption and this items being perishable in nature requires proper cooling and for that reason the refrigerator was purchased. Now it appears that the company is not interested in manufacturing quality products and this refrigerator is fir for using as Shoe rack or for keeping newspaper as it s utility is lost.
It may be observed from the various correspondences which the Complainant has sent to the LGEIL and the false promise given by it to the Complainant that the LGEIL has defaulted in the service for which it is bound by law to render to the complainant..
In view of the submissions contained in the preceding paragraphs, the complainant demands
i) The LGEIL may be directed to reimburse the Cost Price of the refrigerator of Rs.9,000/- with interest @18% p.a. from 10.01.2010 till date.
ii) The LGEIL and Vendor may be directed to replace the refrigerator with a New refrigerator which is in proper working condition and useful by the Complainant.
With that I remain .
Yours truly
(Tejas Joshi)
An email communication has been sent to LG Electronics India on March 18, 2011, 12:28 pm