Delhi

West Delhi

CC/15/603

SACHIN KUMAR - Complainant(s)

Versus

GURU KIRPA ELECTRONICS - Opp.Party(s)

19 Aug 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, Janak Puri, New Delhi – 110058

 

                                                                                      Date of institution                      :   2.9.15

Complaint Case No-603/2015                                                                        Date of order                              :   19.8.16

 

In the Matter of

Sachin Kumar,

House No.228, Gali No.3,

Jeevan Park, Libaspur,

Siraspur, Delhi-42.                                                     COMPLAINANT

 

VERSUS

 

Guru Kripa Electronics,

V-33, West Patel Nagar,

New Delhi-110008.                                                    OPPOSITE PARTY-1

 

Samsung India Electronics Pvt. Ltd.,

A-25, Ground Floor,

Front Tower,

Mohan Cooperative Industrial Estate,

New Delhi-44.                                                                        OPPOSITE PARTY-2

 

ORDER

R.S. BAGRI, PRESIDENT

 

            Brief facts as stated by the complainant are that complainant bought one mobile handset of make Samsung Galaxy Grand Prime 4G from Opposite Party-1, Guru Kripa Electronics for   sale consideration of Rs.10,500/- vide invoice No.2366 dated 17.8.15.  After few days the mobile handset developed some fault.  The complainant deposited  the mobile handset with authorized service center of Opposite Party-2 vide jobsheet 847731941 on 22.8.15.  On 23.8.15, the handset developed some fault.   The complainant visited Opposite Party-1 for  replacement of the handset.   But they refused to replace the handset and told him to deposit it with service center.  The mobile handset was deposited with Opposite Party-1 for repairs.   The  authorised service center of Opposite Party-2  told the complainant that the handset has liquid underneath the battery and as per the terms and conditions it is not covered under warranty and asked for repair charges.   The complainant visited another authorized service center.  He showed the mobile handset and after inspection they told him that the handset has bent and has touch problem. They also asked to pay repair charges.    Hence, the present complaint for direction to Opposite Parties to refund Rs.10,500/-, the cost of mobile handset and pay compensation of Rs.3000/- for mental pain , agony

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and harassment , travelling expenses Rs.3,000/- alongwith litigation expenses and other expenses of Rs.3,000/- .    

 

            Notice of the complaint was sent to the Opposite Parties.  The Opposite Party-1 was proceeded exparte vide order dated 5.11.15.  The Oposite Party-2 filed reply to the complaint  while raising objections that the ‘PBA’ liquid was found in the mobile handset and as per warranty terms and conditions the same is not covered.  They prayed for dismissal of the complaint. 

 

The complainant filed rejoinder to the reply of Opposite Party-2 while controverting the stand taken by the Opposite Party-2 and reiterated his stand taken in the complaint.   The complainant once again prayed for directions to the Opposite Parties to refund the cost of mobile handset alongwith compensation and litigation expenses.  

 

            When the parties were  asked to lead evidence in support of their respective stand, the complainant filed affidavit dated 25.3.16, wherein he once again narrated the facts of the complaint and once again prayed for directions to the Opposite Parties  to refund the cost of mobile handset alongwith compensation and litigation expenses.   The complainant in support of his case relied upon copy of invoice dated  17.8.15, job sheet No.00025137 & 0003397998 dated 26.8.15,  copy of receipt of payment through credit card.  The Opposite Party-2 filed affidavit dated 26.3.16  wherein they reiterated their stand taken in reply and deposed that the mobile handset was damaged due to liquid which is not covered under warranty clause and and deposed that as per the service center the mobile handset does not have any manufacturing defect and there is no cause of action against the Opposite Party-2, therefore, they are not liable to pay any amount.  

 

From the perusal of the affidavits and documents it reveals that one mobile handset Samsung Galaxy Grand Prime 4G (G531) IMEI No. 352302070957562  was purchased by the complainant for sale consideration of Rs.10,500/- vide invoice No.2366 dated 17.8.15  from Opposite Party-1.   The handset developed fault and was deposited with  authorized service centers care zone and SRS Telecom Services  of  Opposite Party-2 on 26.8.15 .  Authorised Service center Care Zone reported that handset has been damaged with liquid  and the same is not covered under warranty, and SRS Telecom Services reported that there is rear bend/physical damage.     

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            We have heard the complainant in person and counsel for Opposite Party-2 at length and have gone through the complaint, reply, affidavits and documents submitted by the parties. 

 

The Job sheets dated 26.8.15  clearly shows that the handset developed fault due to liquid  logged and rear bend,  which is not covered under the warranty  terms and conditions of the job sheet provided by the service center.

 

Hence the complainant has failed to show that the mobile handset is covered under warranty and he is neither entitled for replacement nor repair of the mobile handset  without payment of repair charges.    Therefore,the complainant fails to prove that Opposite Parties are liable to refund cost of mobile handset.  Hence, there is no deficiency in service on part of Opposite Parties. 

 

            Therefore, there is no merit in the complaint and the same fails and is hereby dismissed.  

 

Order pronounced on   : 19.8.2016

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

 

 

(PUNEET LAMBA)                               (URMILA GUPTA)                   ( R.S.  BAGRI )

  MEMBER                                            MEMBER                               PRESIDENT