PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

                                                          CONSUMER COMPLAINT NO. 169/2023

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Ayush Kumar Nayak,

S/O-Soubhagya Kumar Nayak,

R/O-Kamakshya Vihar, Ainthapali, PO-Sankarma,

Ps-Ainthapali,Dist-Sambalpur-768006, Odisha.                 ….…......Complainant.

                                    -Vrs.-  

1. Samsung India Private Limited,

Having head office at 6^th floor, DLF Centre, Sansad Marg, New Delhi-110011.

2. Savex Technologies Private Limited,

Situated at B-56B, Ground Floor & First Floor, Sector-7,

Dist-Gautam Budh Nagar-201301, U.P.

3. Dibyanshi,

In front of Budharaja Petrol Pump, PO-Budharaja,

Ps-Ainthapali, Dist-Sambalpur-768004.                   .…………........Opp.Parties

Counsels:-

1. For the Complainant           :- Self
2. For the O.P. No.1                :- Sri. S.K. Mohanty & Associates
3. For the O.P. No.2 & 3         :- Ex-parte.

Date of Filing:10.10.2023,  Date of Hearing :02.04.2024,  Date of Judgement :29.04.2024

  Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant filed the complaint against the O.Ps alleging deficiency in service and manufacturing defects in the mobile hand set. The Complainant purchased Samsung Galaxy S22 Ultra Sl. No. S90SEDRGINU vide IMEI No. 35717980093342 against invoice No. 2MP2122327086 dt. 05.03.2022 for an amount of Rs. 1,09,0999/- and insured with Samsung care plus for Rs. 9999/-. Warranty was for one year and extended warranty for another year i.e. till 07.03.2024.

On 15.10.2023 complainant found a vertical line, black and white over the screen and informed manufacturer O.P.No.1 and rushed to service provider O.P. no.3 who informed the O.P. No.1. The O.P. No.1 on 17.09.2023 informed to appoint an engineer when complaint made the O.P. no.3 was instructed to upload photo. The O.P. No.3 admitted his mistake and uploaded the photograph. The engineer found a dent over top of the handset it as chargeable. The O.P. No.1 informed charges as Rs. 23,328/- but as a valued customer liability fixed for Rs. 3942.42P. There is no misuse of the mobile. It is a manufacturing defect and the O.P. No.1 & 2 sold a defective handset.

Being aggrieved complaint was filed.

2. The manufacturer, O.P. No.1 replied that

22.02.2022-Mobile handset purchased and delivered on 09.03.2022.

22.02.2023-Warranty expired.

08.03.2022-2 years device protection plan purchased.

11.03.2022- Job No. 4343149702 attended by O.P. No.3 for battery backup and

                     heating issue.

18.03.2023- Job No. 4343581227 attended by O.P. No.3 on battery backup low and

                     heating issue.

28.03.2023- Job No. 3100929911- Battery drain issue.

27.05.2023- Job No. 4348369996- Power key working problem.

15.09.2023- Job No. 4378323561- entry level analysis line on display detected due

                     Due to damage on the panel-out of warranty claim registered.

23.09.2023- Job No. 3101047348-and complaint defect on the panel appearing line-

                     case of physical damage and offered disconnect and when

                     Complainant not opted closed.

27.09.2023- Letter sent by O.P. no. to pay Rs. 23,328/- estimated cost of repair as

                   out of warranty service but to pay Rs. 3984.42 a with O.P. No.3 and to                 give consent for repair. Part cost octa Rs. 17,097/- Battery Rs. 2117/-

                    and a kit Rs. 130/- Rs. 3984 Statutory deposit.

10.10.2023- Complaint filed.

                   Claim is lodged after 1 year warranty period. In case of physical

                   Damage warranty will be void as it is misused at user end.

                   Complainant not submitted any laboratory report. There is no

                   deficiency on part of O.Ps.

3. The Complainant filed the following documents:

1. Invoice No. N02MP212232786 dated 05.03.2022 for Rs. 1,09,999.00 for Galaxy S.22 Ultra handset.
2. Samsung Care+device protection plan for Rs. 9999/- for IMEI-357187980093342.
3. Acknowledgement of service request dated 15.09.2023.
4. Mail dated 27.09.2023 of the O.P.
5. Service request dated 26.06.2023 and some photographs.

The O.Ps submitted no any documents although reflected

1. Specimen copy of Job Card.
2. Job Cards.
3. Estimate Provided to complaint.
4. Reply letter from the O.P.
5. Technical Analysis report with photographs.

4. It is the admitted case of both the parties that the handset was purchased on 22.02.2022 and delivered on 09.03.2022. Within the period of warranty no any issue raised by the Complainant. The Complainant paid Rs.9999/- to the O.Ps for Samsung cares+ for two years device protection plan. The plan covers accidental damage(liquid damage) and extended warranty up to March 7^th 2024. In case of extended warranty repairs shall made by the manufacturer and its authorized service station.

On 15.09.2023 the O.P. registered Job No. 4378323561 and found entry level analysis lie on display and opined it is damage on the panel. The out of warranty claim registered. The O.P. on the second complaint offered discount but the Complainant not opted. From the documents submitted by both the parties it is clear that problem arose on the display showing a line. This problem has been raised by different customers as submitted by the Complainant. The Samsung care support service in trouble shooting steps noted.

• “Samsung has decided to consider line on display issue even if your warranty has expired and there is no physical or water damage.
• One time, free replacement of the OCTA assembly, battery and a rework kit on below mentioned specific models till 30^th April 2024.

Applicable Models:

S/21/S21+/S21 Ultra/Note 20/Note 20 Ultra/S21(SM-G991B)/S21 +(SM-G 996B)/S21 Ultra (SM-G 998B) and S22 Ultra (SM-S908E)

This policy is only applicable for phones within 3 years from the date of purchase”.

          The O.P. manufacturer estimated the cost of repairing:

                                Octa-Rs. 17,097/-

                   Battery- Rs. 2117/-

                   R Kit Rs. 130/-

          Statutory Deposits Rs. 3984/-

Total Rs. 23,328/-

On the other hand in the policy extended replacement for three years for Galaxy S 22 Ultra-S 908E one time. Till date the O.P. No.1 not replaced the defective parts of the handset which amounts of deficiency in service. The O.P. No.1 has not acted as per its declared policy, which amount to deficiency in service.

Accordingly, following order is passed:

ORDER

The complaint is partly allowed against O.P. no.1 manufacturer and O.P. No.3 service provider and dismissed against O.P. No.2, seller. The O.P. No.1 & 3 are directed to replace the Octa, battery, R.Kit of the handset of Complainant within one month of this order failing which the O.P. No.1 shall replace the handset with same specification, same model new handset to the Complainant. For deficiency in service the O.P. No.1 & 3 are liable to pay compensation of Rs. 20,000/- and litigation expenses of Rs. 10,000/-.

Order pronounced in the open Court on 29^th day of April, 2024.

Supply free copies to the parties.