ORDER

07.10.2024

SH. RAJESH MEMBER

1. Present complaint has been filed by complainant seeking direction to OP to refund the price of Samsung Brand Mobile Phone Rs. 55,700/- to complainant along with interest, cost and compensation.
2. It is stated in the complaint of complainant that on 02.05.2017 complainant purchased one Samsung branded model ‘Samsung Galaxy mobile handset for a sum of Rs. 49,700/- from OP1 imported/Manufactured by OP3 vide Cash Invoice No 1059 dated 02.05.2017 at the same time OP No. 1 also got insured the said phone with OP No.4 on a payment of premium of Rs. 6,000/-.
3. It is stated that on 26.05.2017 the screen of mobile handset was cracked accidently by complainant.  Therefore on 27.05.2017 the complainant handed over the cracked handset against job sheet No. 1557 to the official of OP No. 2 who assured to complainant that he would return the said handset within 21 working days in good running condition.
4. It is stated that after 21 days OP No. 2 refused to deliver the handset to complainant and sought more time.
5. It is stated that thereafter the complainant made several visits to OP No.2 to take back his handset but every time OP No.2 refused to deliver the handset to complainant.
6.  
7. Complainant has approached before this Commission by way of present complaint seeking refund of the cost of alleged defective mobile phone with interest, cost and compensation.  
8. Notice was issued to OPs. Despite due service OP1 and OP2 neither appeared nor filed their Written Statement within statutory period, hence OP1 and OP2 was proceeded Ex Parte vide order dated 17.10.2017 by Ld. the predecessor Bench. OP3 appeared and filed detailed written statement denying all the allegations made by the complainant in his complaint. OP4 filed written statement denying the allegations against him. 
9. It is stated by the OP3 that service centre is solely liable / responsible for any defect / deficiency due to its non-performance if any. OP3 may not be held liable for any defect / deficiency that is solely attributable to the service centre.
10. OP4 stated that since there no details of insurance policy have been provided therefore no allegation against OP4 is maintainable.
11. In order to substantiate allegations made in the complaint the complainant has also led his Evidence by way of affidavit reaffirming the averments made in the complaint. Complainant has also filed and has relied upon service Invoice dated 02.05.2017 Exb. CW1/1 and service job sheet dated 27.05.2017 Exb. CW1/2.
12. OP3 and OP4 filed its evidence by way of affidavit reiterating the contention raised in his Written Statement. 
13. We have heard the complainant and perused the record available with us. Despite sufficient opportunity no one came forward on behalf of OP3 and OP4 to address oral arguments.
14. At the outset we need to decide whether complainant is a consumer as defined under C.P. Act, 1986.   
15. Since the present complaint was filed under C.P. Act, 1986 therefore we are dealing with the maintainability of the present complaint as per the provisions of C.P. Act, 1986.
16. Complainant has filed on record Invoice dated 02.05.2017 Exb. CW1/1. Perusal of the said invoice shows that same is in the name of some Mr. Ashish Narula and not in the name of complainant himself. There is no explanation from the side of the complainant about such a material discrepancy in the complaint of the complainant that he himself purchased the subject mobile phone.    
17. After considering the submissions and evidence on record, it is evident that the complainant has failed to establish his status as a 'consumer' under the Consumer Protection Act, 2019. The invoice for the purchase of the disputed product is not in the complainant’s name, and as such, he cannot be considered a consumer as per the definition provided under Section 2(d) of the C.P. Act, 1986. Accordingly, the present complaint is dismissed for lack of maintainability.
18. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in.

File be consigned to Record Room.

Announced in open Commission on 07.10.2024.

SANJAY KUMAR                 NIPUR CHANDNA              RAJESH

PRESIDENT                            MEMBER                     MEMBER