DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.

   CONSUMER COMPLAINT NO.97 of 14

                                           DATE OF INSTITUTION: - 02-04.2014

                                                     DATE OF ORDER: 25-04-2016

Pankaj son of Shri Hansraj Malhotra, resident of Bhiwani.

            ……………Complainant.

VERSUS                

1. Jeenu Gift Shop, 52 Adrash High School Market, Hansi Gate, Bhiwani.

1. Malik Communication, Samsung Mobile Service Centre, Shop No. 1, Ganpatrai Hospital K Samne, Ghanta Ghar, Bhiwani.

1. General Manager, Samsung India Electronics Limited, Tower-C, IInd Floor, Vipul Tank Square, Sector-43, Golf Course Road, Gurgaon.

………….. Opposite Parties.

COMPLAINT U/S 12 & 13 OF CONSUMER PROECTION ACT

BEFORE: -    Shri Rajesh Jindal, President.

 Smt. Ansuya Bishnoi, Member.

Present:-   None for the complainant.

      Sh. R.K. Verma, Advocate for Ops no. 2 & 3.

      OP no. 1 exparte.

ORDER:-

Rajesh Jindal, President:

                    In brief, the grievance of the complainant is that on 04.01.2014 he had purchased one hand set of Samsung Galaxy Note 2 (GT-N 7100) for a sum of Rs. 30,500/- from OP no. 1.  It is alleged that soon after purchase the Hand Set became defective  and complaint was lodged with the respondents. The complainant visited the service centre of respondent company.  The complainant further alleged that due to the act and conduct of the Ops he has to suffer mental agony and physical harassment. Hence the complainant was deprived of use of the Hand Set and suffered a loss.  Now the complainant has claimed the new Hand Set along with compensation and costs by way of filing present complaint.

2.                 OP no. 1 has failed to come present.  Hence he was  proceeded against exparte vide order dated 27.11.2014.

3.                 Opposite party no. 2 & 3 on appearance filed written statement alleging therein that while inspection service centre engineer found that screen is tilt hence it was told to the complainant that the unit is barred by the warranty due to physical damage/mishandling & an estimate of Rs. 6400/- but the complainant refused for paid repair.  It is submitted that as per the company policy the company gives one yar warranty on the unit warranty means in case of any problem with the unit the unit will be repaired or its parts will be replaced as per company policy.  It is submitted hat the answering opposite party is a renowned company in Electronics Products and Commodities and is manufacturing Electronic products for the past several years.  Hence, in view of the facts and circumstances mentioned above, there is no deficiency in service on the part of OP no. 2 & 3 and complaint of the complainant is liable to be dismissed with costs.

4.                 In order to make out his case, the complainant has tendered into evidence Exhibit C-1 and Exhibit C-2 alongwith supporting affidavit.

5.                 In reply thereto, the counsel for OPs no. 2 & 3 has placed on record supporting affidavit. 

6.                 We have gone through the record of the case carefully and have heard the counsel for the Ops no. 2 & 3.

7.                 The complainant is not appearing in this case for the last several hearings.  We proceed to dispose of this complaint on merits on the basis of the material on the file.

8.                The counsel for the OP no. 2 & 3 reiterated the contents of his reply.  He submitted that in the month of February 2014 when the complainant visited the service centre of the company then it was found that the screen of the mobile handset is tilt hence it was out of warranty and the complainant was asked to pay Rs. 6400/- for the paid repair of the mobile handset.  The guarantee given by the company for one year for the mobile handset is subject to some conditions as mentioned in the reply filed on behalf of the OP no. 2 & 3. 

9.                 We have perused the material on record.  The complainant has produced the bill dated 04.01.2014 of his mobile handset.  The OP has admitted that the complainant approached to the service centre of the company in the month of February 2014 with some problems in the mobile handset.  Considering the facts of the case, we partly allow the complaint of the complainant and direct the Ops to rectify the defects in the mobile handset by replacing the defective parts, free of charge and also to pay Rs. 500/- as cost to the complainant. This order be complied with by the OPs within 30 days from the date of passing of this order. Certified copies of the order be sent to the parties free of costs.  File be consigned to the record room, after due compliance.

Announced in open Forum.

Dated:25-04-2016.                                                                 (Rajesh Jindal)

                                                                                       President,        

                                                                           District Consumer Disputes

                                                                           Redressal Forum, Bhiwani.

                    (Ansuya Bishnoi),

                          Member