DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 17 of 2010 Date of Inst: 12.01.2010 Date of Decision:16.04.2010 Sh.Sunil Kumar son of Sh.Mai Pal resident of D-2, New Power House Colony, Phase-1, Industrial Area, Chandigarh. ---Complainant V E R S U SA.M.Services, Authorized Service Centre, Samsung India Electronic Pvt. Ltd., Cabin No.2, First Floor, SCO No.1034-35, Sector 22-B, Chandigarh.---Opposite PartyQUORUM SHRI LAKSHMAN SHARMA PRESIDENT SMT.MADHU MUTNEJA MEMBER PRESENT: Complainant in person. OP exparte. --- PER LAKSHMAN SHARMA, PRESIDENT Sh.Sunil Kumar has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed to refund the price of the mobile set along with compensation for harassment and mental agony etc. 2. In brief, the case of the complainant is that on 17.09.2009, he purchased a mobile phone make Samsung from OP for a sum of Rs.1300/- vide bill dated 17.09.2009. According to the complainant, soon after its purchase, the speaker(mike) of the mobile phone failed to work and the handset become useless. Therefore, he handed over the mobile set to the Samsung Customer Care on 04.01.2010 for its repair but it failed to repair it even after his repeated visits. Ultimately, Samsung Customer Care has returned the mobile by saying that as and when the mike would be received, he would be intimated. According to the complainant, the handset has not been repaired despite his repeated visits, which amounts to deficiency in service and unfair trade practice on the part of OP. In these circumstances, the present complaint was filed seeking the reliefs mentioned above. 3. OP was duly served but nobody appeared on its behalf either in person or through counsel. Therefore, OP was ordered to be proceeded against exparte vide order dated 17.03.2010. 4. We have heard the complainant in person and have gone through the entire record including documents, annexures, affidavits etc. 5. Annexure C-2 is the copy of the bill whereby the mobile set in question was purchased by the complainant for a sum of Rs.1300/-. Annexure C-1 is the copy of the job card dated 04.01.2010 whereby the complainant handed over the mobile set to Samsung Customer Care for effecting the necessary repairs. The complainant in his affidavit deposed that the handset in question has not been repaired despite his repeated visits. The evidence led by the complainant has also gone un-rebutted and un-controverted. Thus, OP has failed to repair the handset despite repeated visits of the complainant which amounts deficiency in service. 6. In view of the above findings, this complaint is allowed with a direction to OP to refund a sum of Rs.1300/- to the complainant being the price of the mobile phone in question along with a sum of Rs.1000/- as compensation for mental agony and harassment. OP is also directed to pay Rs.1000/- to the complainant as costs of litigation. The complainant is also directed to handover the mobile set in question to OP on receipt of the awarded amount. 7. This order be complied with by OP within 45 days from the date of receipt of its certified copy, failing which OP shall be liable to pay Rs.2300/- to the complainant along with penal interest @ 18% p.a. from date of filing of the complaint i.e. 12.01.2010 till its realization besides costs of litigation. 8. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 16.04.2010 Sd/- (LAKSHMAN SHARMA) PRESIDENT cm sd/- (MADHU MUTNEJA) MEMBER
| | MRS. MADHU MUTNEJA, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | , | | 
