Orissa

Sambalpur

CC/65/2019

Rahima Begum - Complainant(s)

Versus

Mohanty Electronics - Opp.Party(s)

Sri. H.C. dani, Mrs R.parveen, Sri. D. S

03 Jan 2023

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

CONSUMER COMPLAINT CASE NO- 65/2019

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Rahima Begum,

W/O-Md.Parvej Shaikh,

R/O-At-Mayabagicha, PO-VSS Nagar,

Ps-Town, Dist-Sambalpur, Odisha                                ...………..Complainant

                                                Versus

1. Mohanty Electronics,

Near Hotel Niki, VSS Marg, Sambalpur

Dist-Sambalpur.

2. M/S Dibyanshi Authorise(service centers) of Samsung India,

Infront of Budharaja Petrol Pump, Sambalpur.

3. Samsung India Electronics Pvt. Ltd.

24^th floor, Two Horizon Centnre, Golf Road,

Sector-43, DLF PH-V, Gurgaon-122202.

4. Bajaj Allianz General Insurance Company Ltd.

G.E. Plaza, Airport Road, Yerawada, Pune-411006     …………...Opp.Parties

Counsels:-

1. For the Complainant      :-          Sri. H.C. Dani & Associates
2. For the O.P.1                   :-          Self
3. For the O.P.2                   :-          Ex-parte
4. For the O.P.3                   :-          Sri. S.K.Mohanty, Advocate & Associates
5. For the O.P.4                   :-          Sri. B.K.Purohit, Advocate.

 

Date of Filing:18.12.2019,  Date of Hearing :21.11.2022,  Date of Judgement : 03.01.2023

   Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. The case of the Complainant is that the Complainant purchased one Samsung Mobile phone model J7 Max (G615F0 bearing item No. IMEI-353107/09/390990/7 and IMEI-353108/09/39090/5 bearing HSN/SAC No. 85171290 amounting to Rs. 14,900/- which was financed by O.P. NO.4 on 07.03.2018. The Complainant paid Rs. 1596.42P down payment on 07.03.2018 to O.P. No.4 and received invoice No. 412 and agreed to pay Rs. 1584/- monthly installments for 10 months as per term sheet dated 07.03.2018 covering the policy schedule O.G. NO. 18-2016-9931-00003393. On the next date of purchase the mobile set caused troubles like non-functioning properly, screen turned black after an incoming call and battery was swollen.

On 12.03.2018 the Complainant informed O.P. No.1, who advised to approach O.P. No.2, who retained the mobile and to take back the mobile after two days but it was in vain. The O.P. No.2 returned the set on 22.03.2018. After two days when mobile set not worked, the Complainant approached O.P. No.2 who told that there is manufacturing defect. The Complainant visited O.P. no.1 for exchange of the mobile but he refused.

The Complainant was paying the EMI of Rs. 1584/- till 06.08.2018. On 13.08.2018 the mobile did not stop ringing. The mobile was given to O.P. No.2 under warranty terms vide Insurance Policy No. OG-18-2016-9931-00003393. On 14.08.2018 an estimate of Rs. 11,263.60P was given for repairing by O.P. No.2. The O.P. No.1 & 2 did not turn up for repairing  or replacement.

Being aggrieved the complaint was filed.

2. The O.P. No.1 Mohanty Electronics in its version submitted that the Company O.P. No.3 is responsible and O.P. No.4 is liable to repair the mobile set as per terms and conditions of the policy. Due help has been provided by the retailer and also service provider (O.P. No.2.)
3. The O.P. No.3 submitted in version that the mobile has been provided with one year warranty and not replacement. There is no any manufacturing defect in the product. No expert opinion has been obtained. The alleged mobile was tested by technical experts of the service centre and disclosed that mobile suffered liquid log and for which the status of manufacturer’s warranty became void. In entry level screening (ELS) it was found and intimated to the Complainant. It is recoverable from the insurance company.
4. The O.P. No.4 in its version submitted that there is no any intimation of claim from the side of the Complainant. The mobile set is covered by All Risk policy issued by the O.P. No.4 from 08.03.2018 to 07.03.2019. The beneficiary is under the said policy entitled reimbursement of cost of repair/replacement of appliances (in the instant case Samsung J7 mobile Phone) arising out of unforeseen manufacturing defects or poor workmanship during the policy period. The Complainant is not entitled for any relief.
5. Perused the documents filed by the parties. The O.P. No.1 is the retailer, the O.P. No.2 is the service provider and the O.P. No.3 is the manufacturer. As per pleading of the parties and admission problem arose in the mobile set after two days of purchase, complainant was advised for repair of the mobile set and the problem could not be resolved. The O.P. No.2 gave an estimate of Rs. 11,263.60P. repairing cost. The O.P. No.3 specifically pleaded that there is no manufacturing defects and due to liquid log problem arose which is covered under the insurance policy. In absence of the expert opinion the manufacturing defects cannot be established. Accordingly, there is no any deficiency on the part of the O.P. No.1, 2 & 3.

It is admitted by O.P. No.4 that the mobile set is covered under policy No. OG-18-2016-9931-00003393 for the period 08.03.2018 to 07.03.2019 and during that period the problem in mobile set arose. It is further allegation of the O.P. No.4 that no any claim has been made by the Complainant. The Complainant has paid premium of Rs. 1333.00 and against which policy has been issued. The Consumer due to lack of knowledge on the policy terms could not make the claim before O.P. No.4. It does not mean that the O.P. No.4 is excluded from liability. The O.P. No.4 after appearance in the case also not advised the complainant for claim. It amounts to deficiency in service.

In the aforesaid back-ground it is ordered:

6698606.  

The complaint is dismissed on contest against O.P.No.1 to 3 and allowed against O.P.No.4. The O.P. No.4 is directed to pay a sum of Rs. 11,264/- to the Complainant to-wards repair cost of the mobile set along with interest @7% P.A. w.e.f. 18.12.2019 within one month of this order. In case of nonpayment the amount will carry 12% interest P.A. till realisation. Further the O.P. No.4 is directed to pay compensation of Rs. 5000/- and litigation expenses of Rs. 5000/-.

Order pronounced in open court on this 3^rd January 2023.