Haryana

Gurgaon

cc/16/2014

Sunil Kataria - Complainant(s)

Versus

1. Shakti Times Gift Gallery - Opp.Party(s)

09 Jun 2016

ORDER

                      DISTRICT   CONSUMER   DISPUTES   REDRESSAL FORUM,GURGAON-122001

                                                                                                         Consumer Complaint No: 16 of 2014                                                                                                                      Date of Institution: 10.01.2014/13.01.2014                                                                                                                                      Date of Decision:  09.06.2016

Sunil Kataria s/o Shri Shiv Dayal Kataria, R/o H.No.1311, Sector-4, Gurgaon, Tehsil and District Gurgaon.

                                                                                                ….Complainant.

                                                Versus

Shakti Times Gift Gallery (Cell Phone, Cash Card, Accessories and Repairing) Old Railway Road, near Bank of India, Gurgaon, Tehsil and District Gurgaon through its proprietor.

 

Samsung India Electronics (P) Ltd, A-25 Ground Floor, Front Town, Mohan Cooperative Industrial Estate, New Delhi-110044 through its Director.

..Opposite parties

                                                                                               

Complaint under Sections 12 & 14 of Consumer Protection Act,1986                                                                 

 

BEFORE:     SHRI SUBHASH GOYAL, PRESIDENT

SMT JYOTI SIWACH, MEMBER

                  

Present:        Shri R.N.Sharma, Adv for the complainant.

                    Shri V.K.Bhardwaj, Adv for the OP-1

                    Shri Sandeep Yadav, Adv for the OP-2.

 

ORDER       SUBHASH GOYAL, PRESIDENT.

The case of the complainant, in brief, is that he  has purchased a mobile phone manufactured by OP-2 from OP-1 for a sum of Rs.27100/- vide Cash Memo No.509 dated 14.01.2013 with one year warranty. However, the above said mobile phone became defective within one year of its purchase and was taken to the service centre of the manufacturer on 26.12.2013 who gave estimate of Rs.1055 by saying that there was defect in the handset and its part would be replaced on payment as the warranty had expired and refused to replace the handset. The complainant requested the opposite parties so many times to replace the handset but of no use and thus, there was deficiency in service on the part of the opposite parties. The complainant prayed that the opposite parties be directed to replace the handset with new one along with interest and compensation. The complaint is supported with an affidavit and the copy of purchase memo dated 14.01.2013 and job card dated 26.12.2013.

2                 OP -1 in its written reply has admitted that he has sold the handset to the complainant but he was not responsible for any defect and the manufacturer  or service centre are liable any defect in the handset and the OP-1 has specially mentioned in the invoice that

“Warranty of handset will be provided by respective manufacturer i.e. M/s Samsung in this case or its Service provider and that article once sold would not be taken back”.

Thus, the complaint against the OP-1 is liable to be dismissed.

3                 OP-2 the manufacturer in its written reply has alleged that for the first time the complainant approached the service centre of the company on 26.12.2013 with some problem and the engineers of the company after thorough check-up found that there was liquid damage in the handset and thus, it was barred by warranty conditions and accordingly, the estimate of Rs.1055.94 was prepared  and the OP-2 is still ready to repair the handset as per the warranty conditions. However, there is no expert report which could prove that the handset was not working properly. The opposite party No.2 has relied upon Shiv Parsad Paper Industries Vs Senior Machinery Company 2006(1) CLT 527 (NC) as well as 2008(2) CLT 172.

4                 We have heard the parties and have gone through the case file carefully.

5                 Therefore, after going  through the facts and circumstances of the case and the evidence placed on file it is evident that the complainant has purchased the handset in question manufactured by OP-2 from OP-1 for a sum of Rs.27100/- vide Invoice No.509 dated 14.01.2013. However, the said handset developed some defect and the complainant approached the service centre of OP-2 on 26.12.2013 and as per job card the charging jack was having liquid damage on account of mishandling and as such the same was declared out of warranty and a sum of Rs.1055/- was required to be paid for repairing the same but the complainant remained adamant to get the same replaced. From the facts and circumstances of the case it is evident that on the verge of expiry of warranty the said mobile handset was taken to the service centre of the OP-2. No doubt on account of liquid damage the warranty conditions are not applicable but keeping in view the facts and circumstances of the case and to meet the ends of justice we direct OP-2 to repair the mobile phone of the complainant  to the extent mentioned in the bill dated 26.12.2013 free of costs as if the same was within the warranty period. The complainant is also entitled to compensation for harassment and mental agony as well as litigation expenses to the tune of Rs.2500/-. The OP-2 shall make the compliance of the order within 30 days from the date of receipt of the copy of this order. The parties be communicated of the order accordingly and the file be consigned to the records after due compliance.

 

Announced                                                                                            (Subhash Goyal)

09.06.2016                                                                                             President,

                                                                                                 District Consumer Disputes

                                                                                                     Redressal Forum, Gurgaon

 

(Jyoti Siwach)       

Member