Orissa

Sambalpur

CC/58/2021

Kamala Majhi - Complainant(s)

Versus

1- Savex Technologies Private Limited - Opp.Party(s)

A.K.Sahoo & other Advocaets

01 May 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                             CONSUMER COMPLAINT NO. 58/2021

 

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Kamala Majhi,

W/O-Sandhya Bag,

At-Sakhipada, Po-Sambalpur, PS-Dhanupali,

Dist-Sambalpur-768001, Odisha.                                  ...………..Complainant

                                                Versus

1. Savex Technologies Private Limited,

A-1 Gate No.3, 2 Kalkaji Industial Area,

Near Govind Puri Metro Station, New Delhi-110019.

2. Bajaj Finance Limited

Old Mumbai-Pune Road, Akurdi, Pune-411035.

Local Branch Office

At-Door Darshan Colony, Po-Sambalpur, Ps-Dhanupali,

Dist-Sambalpur-768001, Odisha.…………...Opp.Parties

Counsels:-

1. For the Complainant      :-          Sri. Anil.K.Sahoo, Advocate & Associates
2. For the O.P. No.1                       :-          Sri. Subham Mekap, Authorized Representative.
3. For the O.P. No.2                        :-          Sri. C.K.Mohanty, Advocate

 

Date of Filing:29.10.2021,  Date of Hearing :13.03.2023  Date of Judgement : 01.05.2023

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant purchased one Samsung Galaxy M51 (6/128) Color Blue  Mobile Phone on loan basis from Bajaj Finserv EMI Net-work ,loan Account No.411ECFHH 597616, Order No.1003974571 dated 18.07.2021 and received mobile phone on 31.08.2021 through ECOM Courier. After opening the packet discovered that mobile phone was damaged with internal lining on the screen panel and the O,.P.No.2 was informed, service request No.SR60874731 was made by O.P.No.2 . The O.P.No.1 was also requested but the defective mobile was not defect free. Being aggrieved this complaint was filed.
2. The Opp.Party No.2 finance Company in its version submitted that the O.P.No.2 is not a necessary party and the allegations are against the O.P.No.1. The complainant raised complaint against the O.P.No.1. The complainant raised complaint in  September and October,2021 and the O.P. has resolved the issue by informing her that the complainant needs to take up the issue with the service centre for repairing the product within 14 days from the date of the invoice. The loan can not be cancelled unless transaction with O.P.No.1 is not cancelled within 24 to 48 hours from the date of delivery.

                             The complainant availed loan of Rs.19,999/- dated 31.8.2021 with monthly EMI of Rs.3334/- for a past of 6 months commencing from 2.10.2021 to 2.3.2022. The loan account is active with an O/S due of Rs.10,002/-. The bouncing of EMI charge is Rs.540/-. There is no any deficiency on the part of O.P.no.2.

3. The O.P.No.1 in its version submitted that the O.P.No.1 is the dealer/ distributor of the Samsung Products and not the manufacture service center. As per order dated 18.7.2021 of the complainant delivered the product on 30.08.2021 vide invoice No.DE 1212122108741 dtd.27.8.2021. There is no any deficiency on the part of the O.P.No.1. The O.P. No.1 addressed e-mail to rectify the defects to replace it but the complainant was informed that the O.P.No.1 is only a dealer. The complainant has falsely implicated the O.P.No.1 as a party.
4. Perused the documents filed by the parties. The complainant availed the loan of Rs.19,999/- from O.P.No.2 and purchased the product vide invoice No. DEIR 122108741 dated 27.8.2021. As per admission of O.P.No.1 order was placed on 18.7.2021, invoice issued on 27.8.2021 and product received on dtd 31.8.2021. Regarding manufacturing defect the compliant made service request to O.P.No.2 vide Sr-60-881559/SR 80888910/SR 60874731 and the matter was informed to the service provider by O.P.No.2.

                   In the present case the complainant failed to make party to the Service Provider and manufacture upon whom the ultimate liability exist. As the manufacturer and Service Provider are not made party the complainant suffers from non-joinder of necessary parties.

                    Accordingly, it is ordered:

ORDER.

                    The complaint is dismissed against the Opp.Parties.  No Cost.

Order pronounced in the open Court today on 1^st day of May, 2023.

                   Supply free copies to the parties.