Delhi State Commission Holds LG Electronics And Croma Liable For Deficiency In Service Due To Unapproved TV Display Panel Replacement

The State Consumer Disputes Redressal Commission, Delhi presided by Justice Sangita Dhingra Sehgal (President) and Ms. Pinki (Judicial Member) held LG Electronics Pvt Ltd. and Croma liable for deficiency in service as they replaced the TV display Panel without the consent of the complainant. Brief facts: The complainant purchased LG LED 109M TV from M/s Infinity Retail Ltd. trading as 'Croma' (Retail Shop) on 16.07.2017. Due to some defects, the LG TV was sent to LG Electronics Pvt. Ltd (Service Centre) within two years of warranty period. Despite several visits to the service centre, the TV was not repaired. Finally, the TV was repaired on 08.08.2018 but an important part of the TV i.e. TFT panel was changed with an inferior product. The complainant asked the service centre to either replace the original part or pay the refund but they did not respond. Feeling aggrieved, the complainant filed a complaint in the District Commission against the retail shop and the service centre (appellants). Through an order dated 08.04.2021, the District Commission held the appellants liable for deficiency in service as the panel was changed without the informed consent of the complainant. Further, the appellants were directed to refund Rs.50,000/ along with Rs.8000/- as compensation for mental agony. Dissatisfied by the decision of the District Commission, the Appellants filed an appeal before the State Consumer Disputes Redressal Commission, Delhi (“State Commission”). Contentions of the Appellants: The appellants contended that the District Commission did not consider that the changed TFT Panel has same specifications as of IPS Panel that was originally provided by manufacturer. Thus, there was no deficiency in service on their part. Observations of the State Commission: The Commission noted that there was no report to prove the quality of the changed panel. The commission stated that the IPS display of TV was replaced with an inferior quality TFT display without the prior knowledge of the complainant which amounts to deficiency in service. Further, the unauthorized action of replacing the display constitutes unfair trade practice and negligence on the part of the Appellants. The change in functional quality of product resulted into breach of terms of service. Thus, the action of appellants has violated the principles of consumer protection as it failed to maintain transparency, accuracy and accountability. Therefore, the appeal was dismissed and the decision of the District Commission was upheld. Case Title: LG Electronics India Pvt. Ltd. & Ors. Vs. Mr. Chitranjan Pandey Case No: First Appeal NO.-36/2022 Date of Pronouncement: 05.12.2024 Click Here To Read/Download Order

Delhi State Commission Holds LG Electronics And Croma Liable For Deficiency In Service Due To Unapproved TV Display Panel Replacement

Amrisha Kumari

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