JUDGEMENT

          Complainant by filing this complaint hasstated that he went to purchase a mobile phone of SAMSUNG or NOKIA within his budget amount of Rs.5,000/- from op.  But after his appearance before the op’s shop the salesman recommended him to purchase a mobile phone of Videocon giving such assurance that if the said set shall not satisfy him in that case they will replace the same by supplying desired brand though it has been printed in the tax invoice that no exchange no refund.  But after dissatisfaction in handling the said set he tried to contact with the shop but nobody attended him and from the very beginning of the 1^st day of purchase complainant was dissatisfied and he was sure that he had been duped by their sales men with their fabricated and tempted sales talk and on the very next working day he went to the shop but no one attended him and in the above circumstances, complainant has prayed for relief.

          On the other hand op by filing written statement submitted that there is no allegation of defect in the said mobile set or product and no deficiency of service in respect of said product is also alleged but denied all other allegations and further submitted that complainant as an educated person went through the print and visual media about advertisement and complainant purchased it with full knowledge, no force was given by the employees of the op’s and but only is bound to give sales service to his valuable customer in any case in any defect if searched out and fact remains that complainant never visited their shop room after purchase or no communication was made regarding this mobile set etc. and prayed for dismissal of this case and practically this is cocked up.

Decision with reasons

          After hearing the Ld. Lawyer for the op and also hearing the complainant personally and even after studying the entire complaint it is found that there is no allegation of defect in respect of mobile set or any sort of mal-services of the said mobile set purchased by the complainant from the op and at the same time from the said receipt by which complainant purchased the Videocon mobile set on 12.01.2013 it is clear that complainant purchased it at a cost of Rs.7,000/- and also one PSP SMS 7562 for a sum of Rs.200/- so in total he paid Rs.7,200/- and this complaint was filed on 31.07.2013 i.e. long after six and half months.

          From the record we have gathered that in between the period i.e. from the date of purchase of the mobile set i.e. on 12.01.2013 to the date of filing of the complaint on 31.07.2013 no complaint was made by the complainant to the op about defect or any sort of mal-services of the said mobile set.  But only on 10.06.2013 he sent a letter to the op informing that he is not satisfied about the said set and he has been duped by the sales men being allured by their talk and he is habituated to use Samsung or Nokia mobile set and he asked the sales men to give Nokia or Samsung set but the op’s staff allured him to purchase Videocon for which being assured he purchased it. 

          So, considering that it is proved that there is no such allegation against the op about mal-services of the Videocon mobile set or any defect but it is proved that mobile set was purchased from the op’s shop knowing well aware of it and complainant has no complaint about that mobile set except his desire to purchase new styled Samsung or Nokia after getting refund of that amount.

          But we have realized that for the above reason at this stage he went to purchase one new variety of Samsung or Nokia set and for which he wants to refund it and to get back the amount.  But we have considered with heart about the grievance of the complainant but we have gathered that complainant himself after using Nokia or Samsung mobile set went to the op’s shop for purchasing another type of set and invariably he was satisfied about the function of the said (Videocon) and he purchased it and went away and for about six and half months there was no complaint.  Considering the whole allegation we have gathered that the complaint does not speak about any defect or mal-service of the Videocon mobile set and there is no question of returning the said set by placing any Nokia or Samsung set in view of the fact exchange is completely barred.

          In this regard we have asked the complainant for what reason he submitted this complaint and from the version of the complainant we have gathered that he wants to purchase one new model of Samsung mobile set.  But we are not convinced by the complaint’s version for which the complaint fails.

          Hence, it is

ORDERED

          That the complaint be and the same is dismissed on contest but without any cost against the op.