West Bengal

Birbhum

CC/33/2019

Shyamali Bhattacharya - Complainant(s)

Versus

Manager, SAMSUNG, Suri Bideshipara - Opp.Party(s)

14 Aug 2024

ORDER

Smt. Saswati Saha- Member.

            The case has been filed by the complainant Under Section 12 of the Consumer Protection Act, 1986.

            The fact of this case in brief is that the complainant Shyamali Bhattacharya is a resident of Vill.- Raghunathpur, P.O. and P.S.- Md. Bazar, Dist.- Birbhum within the jurisdiction of this District Commission.

            That the complainant is a bonafide purchaser/Consumer of the OP No. 2, Great Eastern Retail Pvt. Ltd. because from OP No. 2 she has purchased on 19/07/2018, a mobile set-Samsung A- 73 of cell phone (AB Plus) Gr- 29514900026007355111091693263 on payment of Rs. 5000/- in cash out of total value of said mobile set Rs. 29,990/- and used to pay regularly total six installments of Rs. 2787/- per mouth.

            That the said mobile that was purchased by monthly installments of residual amount to be paid to the OP No. 2 and it has been covered by insurance policy No. OG-19-2401-9931-0000-8671 with OP No. 3 having period of insurance from 19/07/2018 to 18/07/2019.

            That within few months it was detected by the complainant that the said mobile set was inoperative and also various defects were found. It was duly informed to the OP No. 2 by the complainant. OP No. 2 informed the complainant to contact OP No. 1 for its proper repairing.

 

(Page 1 of 4)

           

 

 

Thereafter, the complainant deposited the said mobile set to the OP No. 1 as per verbal instructions of the OP No. 2.

            Thereafter, the OP No. 1 delivered the said mobile set to the complainant after its proper repairing and OP No. 1 received the insurance claim amount of Rs. 16,316.00 form the OP No. 3/Insurance Company. But the complainant found that the mobile set had not been properly repaired and was till then inoperative and out of order.

            That it has been learnt by the complainant that the OP members has hatched conspiracy with a view to grab the insurance amount of Rs. 16,316.00 without rendering proper service which is tantamount to unfair trade practice.

            Thereafter, the complainant went to the OP No. 1 on several occasions for the repairing of said mobile set and finally finding no ways and means the complainant served a legal notice (Regd with A/D) through his learned lawyer on 07/02/2019 which was duly acknowledged by the OP members but yet no fruitful purpose has been served. So, the complainant filed this instant case praying following relief or reliefs:-

1. For an order in favour of the complainant directing the OP No. 2 to issue a fresh new mobile set in place of the defective mobile set as alleged by the complainant otherwise the previous defective mobile set may be repaired and to issue it to the complainant’s custody.
2. For an order of compensation of Rs. 20,000.00 (Twenty thousand only) for harassment, mental pain and agony.
3. To pass an order for a litigation cost of Rs. 10,000.00(Ten thousand only) and for stationery cost, printing and other misc. charges may be passed in favour of the complainant and against the OP members.
4. Any other relief\reliefs as the Commission may deem fit and proper.

That the cause of action of this case arose on and from 29/01/2018 and lastly on 06/04/2019.

In view of the above stated facts and circumstances following issues are framed.

Issues

1. Is the case maintainable in the eye of law?
2. Has the complainant any cause of action to file this case?
3. Is the complainant a consumer within the ambit of C.P Act 2019?
4. Is there any deficiency of service on the part of the OP members?
5. Is the complainant entitled to get the relief as prayed for?
6. To what other relief or reliefs is the complainant entitled to get?

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Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

It is found that the complainant is the resident of Vill.- Raghunathpur, P.O. and P.S.- Md. Bazar, Dist.- Birbhum within the jurisdiction of this District Commission.

            The complainant purchased a mobile phone/Description-SAMSUNG A-730FCELL PHONE (AB PLUS) GR29514900026007 355111091693263 by paying Rs. 5000.00 (Five thousand only) in cash out of total value, Rs. 29990.00 (Twenty nine thousand nine hundred ninety only) from OP No.2/Great Eastern Retail Pvt. Ltd. Benimadhab School More, Suri, Birbhum. The complainant purchased the mobile phone by monthly installment of residual amount to be paid to the OP No. 2 and it has been covered by insurance policy No. OG-19-2401-9931-0000-8671 with OP No. 3/Bajaj Allianz Ins. Co. The period of insurance is being 19/07/2018 to 18/07/2019.

            To be mentioned that the complainant used to pay the installments @ Rs. 2787.00 to the OP No. 3, regularly.

            After the few months of purchasing the said mobile phone was found defective and the said matter was informed to OP No. 2 by the complainant. Following the direction of OP No. 2 the complainant went to OP No. 1 the authorized service center of “Samsung” Suri-Bideshipara, Suri, Birbhum for the repairing of said mobile phone OP No.1 received the said mobile phone from the complainant for repairing.

            Thereafter, without proper repairing OP No. 1 handed over the said mobile phone to the complainant and received insurance claim amount of Rs. 16,316.00 (Sixteen thousand three hundred sixteen only) from the OP No. 3.

            The complainant went to OP No. 1 and OP No. 2 on several occasions for the solution of her problem regarding the said defective mobile phone. But they did not pay any heed to the complainant. The said mobile phone is still being defective and inoperative.

            Also, the complainant served legal notices to the OP members but no fruitful result was found.

            So, the aforesaid act of OP No. 1 and OP No. 2 is amounting to deficiency in service as well as unfair trade practice that causes financial loss, mental agony and harassment to the complainant. The complainant gives evidence in support of his case as P.W. 1.

(Page 3 of 4)

 

           

 

 

 

 

The notice upon the OP members had duly been served. OP No. 1 and OP No. 3 appeared before this Commission but the OP No. 2 neither appeared nor filed any W/V etc. before this Commission. So, this case has been run exparte against OP No. 2 vide order dated 28/01/2020.

Hence, this Commission is of view that the complainant could be able to prove her case beyond all reasonable doubt and she is entitled to get the reliefs as prayed for.

           The case is properly stamped.

           Hence, It is

                        O R D E R E D,

                                                            that the instant C.C. Case No. 33/2019 be and the same is allowed on contest with cost.

The OP No. 2 is directed to take an initiative to provide the said mobile phone to the complainant as repaired and operative otherwise to replace the said mobile phone with a new one of same category to the complainant within 45 (Forty five) days from the date of this order.

The OP No. 2 and OP No. 1 are directed to pay jointly or severally an amount of Rs.6,000.00 (Six thousand only ) as the compensation against mental agony and harassment to the complainant.

The OP No. 2 and OP No. 1 are also directed to pay jointly or severally an amount of Rs.5,000 (Five thousand only) as litigation cost to the complainant.

The entire decree will be complied by the OP members within 45 (Forty five) days from this date of order, failing which entire amount shall carry interest @ 9% p.a. till its realization.

If the OP members failed to comply the decree the complainant would be at liberty to put this order to execution in accordance with law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.