Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 593.
Instituted on : 13.10.2017.
Decided on : 29.01.2019.
Ishwar s/o Sh.Hawa Singh, R/o VPO Samargopalpur, Tehsil & Distt. Rohtak.
………..Complainant.
Vs.
- Mobile World, Near Flour Mill, Opp.Civil Hospital, Gohana Adda, Rohtak-124001 through its Shopkeeper.
- Samsung Mobile Service Center, ‘Jain Mansion, Huda Complex, Rohtak-124001 through its Manager.
- Samsung India Electronics Pvt. Ltd., 20th to 24th floor, Two Horizon Centre, Golf Course Road, Sector 43, DLF Ph-V Gurgaon, Haryana-122202 through its Manager.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT. SAROJ BALA BOHRA, MEMBER.
Present: Sh.Parveen Phougat, Advocate for complainant.
Sh. Kunal Juneja, Advocate for opposite party No.2 & 3.
Opposite party No.1 exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. The present complaint has been filed by the complainant with the averments that complainant had purchased a Samsung mobile phone, model Samsung J7 Prime bearing IMEI No.352335085833667 for a sum of Rs.19000/- from the respondent no.1 on dated 08.11.2016 with one year warranty. That from the very beginning, the mobile was giving trouble and at last within six months of purchase, its voice become slow, keyboard not working and started hanging problem also. That complainant approached the opposite party No.2 on 06.10.2017 and provided him a job sheet No.RZ8HA0LZQZZ and the phone is still in the possession of respondent no.2. That the act of opposite parties is illegal and amounts to deficiency in service. As such, it is prayed that opposite parties may kindly be directed to replace the mobile phone with new one or to pay a sum of Rs.19000/- as cost of handset alongwith compensation and litigation expenses to the complainant as explained in relief clause.
2. On notice, the opposite party No. 1 did not appear despite service and opposite party No.1 was proceeded against exparte vide order dated 20.11.2017 of this Forum. Opposite party no.2 & 3 appeared and filed their written reply submitting therein that complainant in regards to his complaint has approached the service center on 06.10.2017 vide complaint No.4246664600 i.e. almost 11 months after the date of purchase of the said unit and reported hanging issue in the unit and on checking no problem was found and the software was upgraded and the complainant took the delivery of the unit after being fully satisfied. That after that complainant never reported any issue regarding the alleged unit and without any cause of action, directly filed the present complaint. That OPs are still ready to repair the phone as per warranty so there is no deficiency in service on the part of answering opposite parties and dismissal of complaint has been sought.
3. Learned counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C2 and has closed his evidence on dated 18.07.2018. On the other hand, ld. Counsel for the opposite party No. 2 & 3 in his evidence tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R2 and has closed his evidence on dated 03.01.2019.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. After going through the file and hearing the parties it is observed that complainant had purchased the mobile in question on dated 08.12.2016 and as per job sheet Ex.P2, the hanging problem appeared in the mobile set on 06.10.2017 i.e. after 11 months of its purchase, but the defect could not be removed by the opposite parties within warranty period which amounts to deficiency in service on the part of opposite parties and opposite parties are liable to refund the price of mobile set to the complainant after deduction of 40% depreciation on it as the complainant has used the mobile set for 11 months.
7. In view of the facts and circumstances of the case, complaint is allowed and it is directed that opposite party No.3 shall refund the amount of Rs.19000/- less 40% depreciation i.e. to pay Rs.11400/-(Rupees eleven thousand four hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 13.10.2017 till its realization and shall also pay a sum of Rs.2000/-(Rupees two thousand only) as compensation and litigation expenses to the complainant within one month from the date of decision. However, complainant is directed to hand over the mobile in question to the opposite parties at the time of making payment by opposite parties.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
29.01.2019.
................................................
Nagender Singh Kadian, President
..........................................
Ved Pal Hooda, Member.
……………………………….
Saroj Bala Bohra, Member.
