Per Mr.H.K.Bhaise, Hon’ble Member
1) The complainant says that he has purchased cell model branded of O.P. No.3 bearing Model No.GT-S58300KIINS bearing Serial No.RZ1C7471QPE (352306053123647) from mobile store shop in Dadar on 17th August, 2012 for Rs.11,400/-. Since purchased, cell has various complaint hence was given for repair at O.P.No.2 which are as follows
- While dialing calls after pressing three digits cell goes to home page.
- While dialing a number when you press call button on screen the call gets connected to redialed number from call book.
- Cell is too slow for dialing number. It takes 20 minutes efforts to call number
- Force close is common to all applications.
- Screen becomes white or black at times and then battery becomes hot hence has to be removed
2) The process of giving cell for repairs was done seven times in one year. The opponent on many occasions promised to replace the said defective device with new one, but failed to do so. The said cell is with the O.P.No.2 since 8th August, 2013 and the complainant is using his old cell. The complainant has made complaint to Consumer Care Number of Samsung i.e. 180030008282 but no reply.
3) The complainant also spoke on helpline number and the complaint was also made to th August, 2013.
4) The complainant states that both the opponents did not replace defective mobile and simply passed the time to kill warranty period. The complainant has incurred loss of Rs.2,00,000/- as the complainant has to waste his precious time
5) The conduct of the opponent is deliberately misrepresenting and misleading the complainant therefore there is deficiency in service and sale of deficient goods. The complainant therefore prays for refund of Rs.11,400/- with interest. The complainant has also prayed for compensation of Rs.2 Lakhs towards loss due to mental and physical pain.
6) The O.P.No.1 to 4 were duly served. But, neither of them appeared before this Forum. Nobody from O.P.No.1 to 4 bother to file their say on the complainant’s complaint. Therefore, ex parte order was passed against all the O.P.No.1 to 4.
7) The complainant has filed his affidavit of evidence and written argument. The complainant has purchased cell model branded No.3 from Mobile Store Shop supported by copies of documents i.e. Tax Invoice showing that handset was purchased for Rs.11,400/-. He has also produced emails showing the problems in the handset and the correspondence. The evidence produced by the complainant is not challenged by the opponents. The evidence on record is sufficient to prove that the complainant purchased the handset from the O.P.No.1 for Rs.11,400/-. It was defective. In spite of several requests, it was not repaired. Therefore, the opponents are liable to refund the purchase amount to the complainant. The opponents sold defective handset to the complainant thereby he suffered from mental agony. We think the opponents are liable to pay compensation of Rs.10,000/- to the complainant for mental agony. Besides this, the complainant is entitled for the cost of this proceeding of Rs.2,000/-. Hence, we proceed to pass the following order.
O R D E R
1) Complaint is allowed.
2) The opponents are directed to refund the amount of Rs.11,400/- (Rs.Eleven Thousand Four Hundred Only) to the complainant with interest at the rate of 9% per annum from the date of filing of complaint i.e. 19th November, 2013 till realization.
3) The opponents are also directed to pay Rs.10,000/- (Rs.Ten Thousand Only) to the complainant as compensation towards mental agony.
4) The opponents are further directed to pay Rs.2,000/- (Rs.Two Thousand Only) to the complainant as cost of this proceeding.
5) The above order shall be complied with within a period of one month.
6) Copies of this order be sent to the parties free of cost.
Pronounced on
Dated 19th June, 2014
