• Company asking me to exchange defective refrigerator after depreciation

I purchased a LG refrigerator from their authorised dealer in bangalore on October 2016.The refrigerator is now having a cooling issue, LG technician tried repairing the same. Now they say the refrigerator is not repairable as the model has been scrapped and parts are not available. 

They are asking me to exchange defective refrigerator with a new one but LG will pay for the defective refrigerator after reducing depreciation ( which works out to 21000 ,cost of refrigerator 58000) amount and I have to pay for the difference. 

My question is, is LG right in taking back the refrigerator after deducting depreciation for a product fault which is theirs and their inability to repair it.
Asked 6 years ago in Civil Law

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15 Answers

  1. If it's under warranty, they are legally bound to repair it; or if it's in a condition it can't be repaired; then they are legally bound to replace it with a model with similar features, without any depreciation (ie without you having to pay a penny) 
  2. The company refusing to comply by 1) amounts to deficiency in service. The legal remedy for it is to file a petition in consumer Court. 
  3. I'm prepared to handle the case.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

If refrigerator cannot be repaired company should replace it with brand new refrigerator 

 

it should not  recover deprecation charges from you 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

File a complaint before the consumer forum as the company after just 2 years failed to provide the parts for the freeze. 

The consumer forum.shall pass order in favor there are.such precedents.

 

You can give a legal notice to.LG if on notice they fail.proceed for complaint.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Relax back file case in consumer forum, you will get justice. Compensation, litigation cost and everything

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

File a consumer complaint against them in the district consumer protection forum. This is weird. Why should you pay for the depreciation when they are at fault.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Ask them to pay whole amount. It's their fault and u need not to pay anything. However if they insist you can allow 4-5000 rupees as deduction. Better take refund and purchase after evaluating market. 

Regards 

GMGupta Advocate

 

 

Gopender
Advocate, New Delhi
383 Answers

Don't agree file a complaint in the consumer court you will get the compensation 

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Dear Sir,

You are correct. It is illogical proposal. Let us get issue a lega notice and file consumer case and PIL as many companies they are scrapping the model and saying the parts are not available. They cannot do like that.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Offer of LG is not bad  so go ahead.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

When you have purchased the refrigerator ? Is it in warranty period , if yes than it will exchange without any payment. Issue legal notice.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Hello, 

Companies are required to give  service support to the product till its expected life expectancy. 

if you are ready to get the same exchanged then it is alright otherwise you may approach the district consumer forum and fight the case. 

Fighting the same will take a long, so you may keep all the considerations in mind before moving forwards. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you can send them a legal notice stating deficiency in service from their end and that legal action would be taken in case they refuse to comply.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

  1. As per the information mentioned in the present query, makes it clear that the company has been putting blame on you indirectly by deducting the depreciation amount which is totally their inability to repair the same.
  2. You should approach the consumer forum and file a consumer complaint against the company and then also ask for the litigation fees plus the refund of full amount.
  3. You will definitely get the justice as the depreciation amount is something when you are selling with your own wish and comfort to the company, but surely not in the present case of yours.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If the warranty period is not expired then you don't accept their offer.

You may ask them to replace the defective product with the new one or to pay the cost of the product.

If they dont agree then you may approach consumer forum for relief and compensation.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

No The company have no right of deducting the depreciation for a product which they are unable to repair due to unavailability of parts.

If the refrigerator is in warranty and company shows inability to repair the refrigerator then they are bound to provide you replacement with same quality refrigerator.

And if they doesnt provide you replacement without depreciation then you can file a complaint in consumer forum.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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