[Resolved]  LG Electronics — Warranty - failure to replace Compressor of Split AC Model: LSA-3 KR 2A

Address:	Mumbai City, Maharashtra, 400004
Website:	www.lg.com/in/support

We, the Complainant, 'Vidyamandir Trust, Palanpur', are a Public Charitable Trust having educational activities in Palanpur, Gujarat, for the last 60 years and more. The Trust has its office at 11, Kala Bhavan, 3rd Floor, 3, Mathew Road, Opera House, Mumbai - 400 004.

The Respondent Supplier, M/s. LG Electronics India Pvt. Ltd., having their Regional Office at 4th Floor, A Wing, Trade Star, Andheri Kurla Road, J B Nagar, Andheri (E), Mumbai - 400 069.

We purchased the LG make Split AC Model LSA-3 KR 2A from M/s. United Agencies (Bombay) Pvt. Ltd., Parekh House, 14, Mama Paramanand Marg, Opera House, Mumbai - 400 004 on December 7, 2011 vide Invoice No.15238 dated December 7, 2011 at a cost of Rs.20, 000/- inclusive of taxes. The Warranty period being five (5) years from the date of purchase, i.e. being in force up to December 6, 2016.

The AC stopped giving cooling effect in October 2016 and we called our AC Maintenance Contractor, M/s. Ansari Md.Arshad Md.Anwar, who checked the unit and advised that the gas has leaked and new gas needs to be filled which he did on October 14, 2016, at a cost of Rs.2, 500/- (Attachment #1).

However, the AC lost delivering the cooling effect once again in November 2016. We called another AC Maintenance Contractor, M/s. Baba Refrigeration, to ensure that our regular Contractor has given the correct observation. M/s. Baba Refrigeration advised that the Condenser Coil (original Aluminium material make) needs to be changed as the gas had leaked out. They, also, reported that the condenser coil has to be manufactured in copper material as aluminium coil is not locally available and is supplied by only the manufacturer.

Accordingly, the copper make condenser coil was installed and the gas was filled on November 24, 2016, vide their Bill No.13 dated November 24, 2016 for Rs.5, 500/- (Condenser Coil Rs.4, 000/- + Gas Filling Rs.1, 500/-).
(Attachment #2)

The AC again stopped giving the cooling effect and we called M/s Baba Refrigeration who inspected the unit again on December 6, 2016, and reported that the Compressor has failed thus not developing enough pressure to circulate the gas in the condenser coil. A copy of the report is attached. (Attachment #3)

December 6, 2016 –Since the A/c Unit was under warranty, we wrote a letter to M/s. United Agencies (Bombay) Pvt. Ltd., the authorized dealers of LG Product, located at Parekh House, 14 M P Marg, Opera House, Mumbai 400004 who supplied the AC Split Unit on 07.12.2011 vide its Invoice No.15238 dated 07.12.2011, lodging complaint that the A/C Unit does not work and according to our maintenance contractor the compressor has failed and needs replacement. Hence, please take immediate action and replace the compressor. The copies of Proforma Invoice and the Tax Invoice were enclosed therewith for their ready reference. The company immediately lodged complaint with LG and obtained complaint number as RNP:[protected] dated 06.12.2016. (Attachment #4).

December 08, 2016 – The technicians from LG Service Centre inspected the Unit, charging visit fee of Rs.575/-even though we informed them that the machine is in warranty, and reported that Gas is leaking and would cost Rs.9, 800/- vide their Invoice No.1667 TCR No.Q17342/01667 dated December 8, 2016. (Attachment #5).

December 09, 2016 – We called our Maintenance Contractors M/s. Baba Refrigeration to inspect the machine again who reported that the Compressor is failed and it is not pumping with enough pressure to circulate the gas in the condenser. Their report is attached. (Attachment #6).

December 09, 2016 – We wrote a letter to United Agencies (Bombay) Pvt. Ltd., the supplier, requesting them to intervene in the matter and ensure that LG restores the machine to working order at the earliest at no cost to us as the same was under warranty at the time of registering complaint. The suppliers did not accept the letter stating that they are no way in the picture now and that we should deal directly with LG Company. (Attachment #7).

December 12, 2016 – We sent an email to LG Service Centre (email Id: [protected]@lge.com) giving them detailed briefing about the problem faced by us. (Attachment #8).

December 13, 2016 – We received the standard reply through email acknowledging our above complaint letter sent by us via email. (Attachment #9).

December 16, 2016 – We sent an email to LG Service India informing them that no one has attended the complaint so far. (Attachment #10).

December 16, 2016 – We received an email from Service India stating that they have instructed their Area Service Manager, Mr. Vaibhav Vartak, to take immediate step(s) in this regards and also asked asked us to contact him for further assistance. (Attachment #11).

December 20, 2016 – Since Mr. Vaibhav Vartak, Area Service Manager, was neither responding to our calls nor calling back and the complaint was not resolved, we wrote again to Service India by email asking them to resolve the matter at the earliest. Also, requesting them to give us the detailed breakup of Rs.9, 800/- for filling the gas and cost of other items. (Attachment #12).

December 22, 2016 – They gave us the breakup of Rs.9, 825/- which included various parts which, according to our technician, there is no need to change any parts in the AC Machine, except the Compressor. LG Service informed us that condenser coil of copper which we had replaced with the old aluminum coil will not work and that only aluminum coil manufactured only by LG will work. (Attachment #13).

December 22, 2016 -- We received an email from M/s. Synergie Services stating the leak from condenser coil occurred because it is a local coil and not original and hence the compressor has tripped or failed due to overheating. They have agreed that if there is a fault with compressor it will definitely be replaced free since it is under warranty. (Attachment #14).

December 23, 2016 -- We wrote to Service India via email stating that we have got the condenser Unit replaced with a new copper metal unit and filled the gas. The machine then was working. On December 03, 2016, it was observed that the AC Machine was not working as the cooling effect was not felt. Our technician opened that the compressor needs to be replaced. So the cost of Rs.9800/- as quoted by M/s. Synergie Services for other parts are not proper. One can imagine that Compressor Unit can be purchased in less than Rs.9, 800/-; hence we feel that the Synergie Services are trying to recover the cost of Compressor from us by quoting items which are not required. We requested them to take immediate steps to replace the compressor at no cost to us. (Attachment #15).

December 24, 2016 – We received a standard reply stating the case is in follow up with them and their concern person will contact us at the earliest. Attachment #16).

January 04, 2017 – We lodged the complaint against thru LG’s Website giving them the detailed information about the complaint and requested them to intervene in the matter and settle the issue. (Attachment #17).

January 04, 2017 – We emailed a complaint, Number (RNP[protected] dated 06.12.2016) and also Registered Contact Number[protected] as requested by Serviceindia in response to our complaint made thru LG’s Website (LGEIL Customer Email). (Attachment #18)

January 11, 2017 – We sent an email to Service India (LGEIL Customer) stating that we have already provided the details required about Complaint number; Registered No. and also the Address. (Attachment #19).

January 24, 2016 – We sent an email to Service India (LGEIL Customer) reminding them to replace the defective compressor which is pending for more than one and a half month, primarily because of inaction from their end. We had given them 15 days’ time to complete the job to our satisfaction and cautioned them that we will approach the Consumer Grievance Forum if they failed to carryout the rectification work as required. (Attachment #20).

Deficiency in service:

In spite of continuous follow-up, through email and over the telephone, LG has failed to provide satisfactory service. This amounts to deficiency in service. Even though the AC machine being under warranty (especially the Compressor Unit) the manufacturer has completely ignored the issue and failed to fulfill their obligation.

Rectification:

We want LG to immediately replace the defective compressor unit and restore the AC machine to full working order to our satisfaction at no cost to us.

Other Provisions:

The product being under warranty at the time of reporting the fault should have been set in to full working order at the earliest by LG.

Evidence:

Scanned copies of all the Attachments as mentioned above.

Jurisdiction:

District Consumer Disputes Redressal Forum, Additional Mumbai District.

Limitation:

This complaint has been filed within the period prescribed under Section 24A of the Act.

Relief claimed:

1. Immediate replacement of the defective compressor and to ensure that the machine is restored to full working condition to our satisfaction.
2. Refund the amount of Rs.575/- paid to LG Service as visiting charges.
3. Mental stress and discomfort caused to our Staff by LG for neglecting to fulfill their commitment by disregarding the terms and conditions set out by them for products failing under warranty period. The compensation on this para may be as per the fine sense of judgement of the Forum.

Prayer Clause:

It is therefore, most respectfully, prayed that this Honourable Forum may kindly be pleased to order the Respondent Party (LG Electronics India Pvt. Ltd.) to fulfill their commitment of warranty given at the time of purchase of their product by us.

To pay/refund Rs.575/- charged by LG Service as visiting fee.

To compensate, as decided by the Forum, for the mental agony/stress and discomfort caused to the Staff of our Trust at their Mumbai Office for over two months.