1.                     The brief history of the case of the complainant is that, he purchased a Samsung Z-3 handset bearing IMEI No.353418/07/218366/5 & 353419/07/218366/3 from OP.1 for Rs.7000/- vide Invoice No.688 dt.14.05.2016 but after 6 months, the handset did not function as it shows hang and low battery backup problems.  It is submitted that he produced the set with OP.2 ASC for repair but after repair the same problem returned.  Hence the complainant approached OP.1 to replace the set with a new one but the OP.1 did not listen.  Thus alleging defect in goods and deficiency in service on the part of the Ops, he filed this case praying the Forum to direct the Ops to provide a new handset of same model with compensation and costs to the complainant.

2.                     The OP.1 & 2 on valid notice did not file counter or participated in the proceeding in any manner.  The OP No.3 filed counter admitting repair made by the ASC to the set.  It is contended that the complainant has filed this case without producing any expert opinion in the form of evidence and hence it cannot be assumed that the product has any defect.  It is contended that the complainant has not deposited the set before this Forum and till date he is using the handset without any interruption.  It is further contended that there is no issue in the set as alleged by the complainant and a false case has been filed for wrongful gain.  Thus denying any manufacturing defect in the handset or any deficiency in service on the part of the Ops, he prayed to dismiss the case of the complainant.

3.                     The complainant has filed certain documents in support of his case.  Heard from the complainant and A/R for OP.3 and perused the materials available on record.

4.                     In this case purchase of Samsung Z-3 handset bearing IMEI No.353418/07/218366/5 & 353419/07/218366/3 from OP.1 for Rs.7000/- vide Invoice No.688 dt.14.05.2016 is an admitted fact.  It is also an admitted fact that the handset bears warranty for one year.  The case of the complainant is that he found Hang and low battery backup problems in the handset after 5 months for which he handed over the set to OP.2. The OP.2 repaired the set but thereafter the same problems returned for which he approached OP.1 to replace the set with a new one but  the OP.1 did not agree.  The case of the complainant is that the defect could not be rectified during warranty.  The OP.3 stated in its counter that the ASC has repaired the set as and when the handset was produced for repair and absolutely there is no issue in the handset.

5.                     The Op.3 stated that the complainant has neither furnished any expert opinion in order to prove that the handset bears inherent manufacturing defect nor produced the handset before the Forum and hence the complainant is using the set till date.  In our opinion, the OP No.2 is armed with experts duly appointed by the Company.  When the OP.2 fails to repair the set within warranty period then we feel that there is no need of further expert opinion in respect of the alleged handset.  It is the duty of Ops 2 & 3 to rectify the defect and return the set defect free within a reasonable period but they did not do so.   Hence due to such inaction of Ops, the complainant suffered and has come up with this case incurring some expenditure.  As the defective set could not be repaired within the warranty period, the complainant is entitled to get refund of Rs.7000/- towards cost of the handset with interest @ 12% p.a. from 14.12.2016, the date of noticing defect.  Further due to such inaction of the Ops the complainant must have suffered some mental agony and has come up with this case incurring some expenditure for which he is entitled for some compensation and cost.  Considering the sufferings of the complainant we feel, a sum of Rs.2000/- towards compensation and costs in favour of the complainant will meet the ends of justice.

6.                     Hence ordered that the complaint petition is allowed in part and the Op No.3 is directed to refund Rs.7000/- towards cost of handset with interest @ 12% p.a. from 14.12.2016 and to pay Rs.2000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order.

(to dict).