Sri G.K.Rath, President :…
- The brief history of the case of the complainant is that he has purchased a Samsung Cell Phone vide Model No.SAMSUNG NOTE10, IMEI No.359019/10/00095/5 and Serial No. RZSMSOFOPPX for an amount of Rs.70,000/- from the OP 2 vide retail invoice receipt No.2111 on dated 22.8.2020 with warranty card. After use of the mobile , it found some problems like the handset does not work properly, hangs with software , network problems and gets warm/heat . The complainant approached OP 2 for necessary repair. Op2 sent the mobile to Op3 for necessary repair and after repair , Op3 returned the same to the complainant. But after 2 days, the same problems found on the mobile. The complainant called the toll free number of OP 3 for intimating this problem but the number was unavailable. Thereafter the complainant sent his grievances before the OP 1but he did not give any reply. Thus alleging unfair trade practice and deficiency in service on the part of the Ops, the complainant has filed this case with a prayer to direct the Ops to refund the cost of the product along with Rs.20,000/- as compensation and Rs.10,000/- as cost of litigation.
- After valid notice, Op1 appeared through its A/A Sri Santosh Kumar Mishra and filed its counter raising preliminary objections. OP2 denying the allegations of the complainant .
Op1 admitted the purchase of the mobile handset vide Model No.SAMSUNG NOTE10, IMEI
No.359019/10/00095/5 and Serial No. RZSMSOFOPPX for an amount of Rs.70,000/- from
the OP 2 vide retail invoice receipt No.2111 on dated 22.8.2020 with warranty card. It is
denied by OP1 about the problems of the handset and repair of the handset with OP3 and
of approach to the OP1 through toll free number. It is contended by the OP 1 that the
mobile was within the warranty but one Simanchal who brought the set was a broken one
and as per the warranty norms of the company, the broken set was not covered .Op1 also
contended that the complainant had not deposited the set before the Forum till date .It is
also contended by the OP 1 that the OP1 will not be liable without filing the expert report.
With these and other contentions, the OP1 denying any faults on its part, prayed the
honourable District Forum to dismiss the case of the complainant.
- Inspite of valid notice, OP2 and 3 did not appear and participated in the proceeding
for which they proceeded as exparte .
4. Complainant has filed purchase invoice and job sheet in support of his case.
5. We heard the learned counsel for the complainant as well as the OP1 and perused
the material available on record.
6. From the pleadings and evidence of the case, we verified thoroughly the purchase
invoice and found that the complainant has purchased the mobile handset from the OP 2
on 22.8.2019 and not on 22.8.2020 . By verifying the job sheet, It is also found that the
complainant has handed over the mobile handset to the OP3 on 15/09/2020 and the job
sheet is clearly showing that the handset was out of warranty period . It is clearly
understood that the complainant has purchased the handset on 22/8/2019 and after the
warranty period i.e., on 15/9/2020 he has handed over the handset to the OP 3 for repair.
It is also found in the job sheet that there is no complaint regarding the handset as not
work properly, hangs with software , network problems and gets warm/heat which the
complainant has mentioned in his complaint petition. In the job sheet in the Defect
Description, we found there only mentioned :No charging and water damage. It is also
found that the complainant has not submitted any relevant document regarding his
approach to the OP1 on the toll free number. It is also found that the complainant has
also not submitted any documentary evidence that he has approached the Op2 repeated
sent his grievance to the OP 2 and Op2 has not replied.
7. in view of what has been stated above, the complainant has failed to prove against the Ops
for unfair trade practice and deficiency in service.
8. Thus, as a sequel of above discussion, we do not find any merit in the present complaint
and the same is hereby dismissed. No order as to costs.
Order pronounced in the Open Forum on this the 25th day of March, 2021.
Sd/- Sd/-
Member President
DCDRC, Nabarangpur
Memo No 109 /DF Dated. 25/03/2021
Copy to the parties concerned.
