Punjab

Patiala

CC/15/170

S R Bansal - Complainant(s)

Versus

Goyal Electroworld - Opp.Party(s)

Inperson

17 Aug 2015

ORDER

                                                         C.C.No.170 of 11.8.2015

S.R.Bansal Vs. Goyal Electroc World

 

17.8.2015:Present:Sh.S.R.Bansal, complainant in person.

 

        ORDER

1. It is alleged by the complainant that he had purchased one mobile phone make Samsung Glaxy Grand 2 from Op no.1 namely Goyal Electroc World,Samsung Dealer, Opposite S.S.Nagar, Rajpura Road, Patiala vide bill No.413 dated 13.8.2014 for Rs.19,400/-. The mobile hand set started giving the problems like automatic switch off, not properly charging, hanging and some times very low voice during incoming and outgoing calls since 12^th December,2014. The complainant reported the matter to Op no.1 as also to the service centre. The Mobile hand set was repaired and returned to the complainant.
2. Again the problem had occurred in the mobile hand set and the complainant reported the matter to the Op on 13.1.2015, 7.2.2015, 6.3.2015 and 13.6.2015 , which reflected that there was a manufacturing defect in the mobile hand set and the same was not repairable. There is said to be a deficiency in service on the part of the Ops, which resulted into the harassment and the mental agony experienced by the complainant as the Ops were liable to refund the cost of the mobile hand set but they failed. Accordingly the complainant brought this complaint against the Op asking for the refund of the cost of the mobile hand set i.e.Rs.19400/- with interest @18% per annum; the payment of Rs.50000/-by way of compensation on account of the harassment and the mental agony experienced by him and to award the costs of Rs.5500/-towards litigation.
3. The complainant has simply placed on file the photo copy of invoice No.413 dated 13.8.2014 issued by Op no.2 regarding the sale of the mobile hand set to the complainant. The complainant has not disclosed from where he got his mobile hand set repaired and therefore, on the last date a direction was given to the complainant to produce the job sheet regarding the work got done from the service centre and today the complainant produced one customer information slip dated 12.12.2014 without disclosing the particulars of the customer care centre having issued the same. Today the complainant has placed on file his affidavit alleging that he had been approaching the customer complaint centre i.e. 21 Jain Nagar, Ambala City who once handed him over slip dated 12.12.2014. It is no where alleged by the complainant that he ever approached any service centre of Op no.2 at Patiala and got the mobile hand set repaired or any job sheet was issued disclosing any manufacturing defect in the mobile hand set. Surprisingly the complainant has not produced the job sheet in respect of the work of repair got done by him from the customer care centre at Ambala i.e. 21 Jain Nagar, Ambala City. A perusal of Annexure C1, the photo copy of the retail invoice No.413 dated 13.8.2014 issued by Op no.1 does not go to show that it is the authorized service centre of Samsung Glaxy. We are therefore, of the primafacie view that this Forum does not have the territorial jurisdiction to entertain the complaint because no relief can be granted against the seller of the product as it is not its duty to get the mobile hand set repaired being not the service care centre. The complaint could be filed by the complainant against Op no.2 at Ambala by joining the service care centre 21 Jain Nagar, Ambala City at Ambala. Consequently the complaint is hereby rejected for want of jurisdiction. Copy of the order be supplied to the complainant free of cost.

File  be consigned to the record room.

 

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