Haryana

Kurukshetra

29/2017

Som Sachdeva - Complainant(s)

Versus

Deepak Bansal - Opp.Party(s)

Anand Parkash Vijh

27 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.29 of 2017.

                                                     Date of institution: 06.02.2017.

                                                     Date of decision: 19.03.2018.

Som Sachdeva son of late Tara Chand Sachdeva, resident of Sapra Colony, near House of Ashok Arora, Ex.MLA, Thanesar, Distt. Kurukshetra.

                                                                        …Complainant.

                        Versus

1. Deepak Bansal Prop., M/s. Communication Service Station, Samsung Mobiles Phone near Geeta Dwar, Pipli Chowk, Pipli, Distt. Kurukshetra.
2. Balaji Communication, Geeta Colony, Opposite Geeta Senior Secondary School, Kurukshetra, through its Prop.
3. Samsung India Electronic Ltd., Head Office, 20^th to 24^th Floor, Two Horizon Sector-43 DLF PH-V, Gurgaon, Haryana through its Managing Director.

….Respondents.

BEFORE     SH. G.C.Garg, President.

                Sh. Kapil Dev Sharma, Member.

Present:     Sh. Anand Parkash Vijh, Advocate, for the complainant.   

                Sh. Shekhar Kapoor, Advocate for the OP.No.3.

                Ops No.1 & 2 exparte.

 

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Som Sachdeva against Deepak Bansal and others, the opposite parties.

2.            It is stated in the complaint that the complainant purchased a mobile set of Samsung Galaxy bearing IMEI No.359932064831192 for a sum of Rs.17,500/- from the Op No.2 vide invoice No.3775 dt. 22.03.2016.  It is alleged that after some time, the screen of said mobile set fell into black and no picture came in the screen.  It is further alleged that the complainant approached the Op No.1 for the repair of the same, but the Op No.1 demanded a sum of Rs.5,000/- from the complainant, though the said mobile set was within warranty period.  It is further alleged that the complainant approached the Ops several times for its repair or replace the mobile set with the new one but the Ops did not do so.  So, it is a clear cut case of deficiency in service on the part of Ops and prayed for acceptance of complaint with the direction to Ops to replace the mobile set with the new one or to refund the amount of Rs.17,500/- with interest and further to pay Rs.50,000/- as compensation for harassment and mental agony or any other relief which this Forum may deems fit. 

3.            Upon notice, the OP No.3 appeared before this Forum, whereas Ops No.1 & 2 did not appear and opted to proceed exparte vide order dt. 20.03.2017.  Op No.3 contested the complaint by filing their reply raising preliminary objections with regard to locus-standi; maintainability; cause of action; that the answering Op as a matter of policy issues prompt after sales service in warranty period provided no outside interference/repair has been done to the mobile handset and the same was not mishandled but no such service was issued by the Ops since outside interference/repair was evident from the product thereby breaking the terms of the warranty period; that the complainant alleges manufacturing defect but the alleged defect cannot be determined on the simpliciter submissions of the complainant and needs a proper analysis test report to confirm the same.  There is no deficiency in service on the part of Op.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

4.             Both the parties have led their respective evidence to prove their version.

5.             We have heard the ld. Counsel for both the parties and perused the record carefully and minutely.

6.                                                 

A copy of said order be supplied to the parties free of cost.  File be consigned to record-room after due compliance.     

Announced in open court:

Dt.:19.03.2018.

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Kapil Dev Sharma)         

                                        Member