District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.118/2020.
Date of Institution: 27.02.2020.
Date of Order: 06.07.2022.
Sunder Singh son of late Shri Kharak Singh, resident of House No. 206, Village Mujessar, Faridabad.
…….Complainant……..
Versus
1. M/s. Samsung India Electronics Pvt. Ltd., 20th to 24th floor, Two Horizon Centre, Gold Course Road, DLF Phase-5, Sector-43, Gurugram, Haryana-122202 through its Principal Officer/Authorized Signatory.
2. Simran Communication, Plot No.69 , 70 & 71, Ground floor, Faridabad – 121001 through its Principal Officer/Authorized signatory.
…Opposite parties……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma…………Member.
PRESENT: Sh. Sushant Gir,, counsel for the complainant.
Sh. Dheeraj Sachdeva, counsel for opposite party No.1,
ORDER:
The facts in brief of the complaint are that the complainant purchased a mobile phone Samsung A-30 Model No. SMA305FZDFINS, IMEI No. 356152104452395 on 21.06.2019 amounting to Rs.15,500/-. From their registered dealer Subhash Watch Co. Shop No. 35, SEwa Samiti Market No.1, NIT, Faridabad After a month the camera of the above said mobile phone had stopped working automatically and some hanging issues were also there. On 19.10.2019 the complainant approached authorized service center i.e opposite party No. regarding the same problem. The customer executive of opposite party told the complainant to come after 2-3 hours on the same day to collect the said mobile phone. When the complainant approached opposite party No.2 on the said time then opposite party No.2 told the complainant that his mobile warranty had been void as it was tampered with water spots on the phone. The complainant had approached opposite party many times regarding the same problem that it was not the fault of the complainant as at the time of handing over the above said mobile phone there was no water spots problem and opposite parties had demanded Rs.9014.81 from the complainant. The complainant sent a legal notice dated 3.2.2020 to opposite party but all in vain. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) replace the mobile phone of his client with the new one or refund the entire money Rs.15,500/- alongwith interest.
b) pay Rs.50,000/- as compensation for causing mental agony and harassment .
c) pay Rs.11,000/ - as litigation expenses .
2. Opposite party No.1 put in appearance through counsel and filed written statement wherein Opposite party No.1 refuted claim of the complainant and submitted that the present complaint had been preferred by the complainant for alleged defect in mobile handset of the answering opposite party. The complainant had by way of relief sought compensation/damages without in any manner demonstrating that any loss had in fact been occasioned and in what manner computation of compensation claimed had been made. The complainant was trying to mislead this Hon’ble Forum and concealed the material facts of the case. The answering opposite provide one year standard warranty period for his product and also the said standard warranty was subject to some conditions and one of the condition was that, if the product got damaged due to liquid logging/i.e. contact with water or any type of liquid, the warranty becomes void and same was the case in hand of complainant. In fact, the complainant in regards to complaint regarding the mobile handset in question, approached to the service center of answering opposite party vide call No. 4292880416 on 19.10.2019 and reported Camera not show & hanging problem in his handset. The officials of service center collected the handset and issued a job sheet to the complainant and deposited the handset to the engineer to check the problem/issue in the mobile handset. The officials of service center collected the handset and issued a job sheet to the complainant and deposited the handset to the engineer to check the problem/issue in the mobile handset. After that, the engineer of the answering opposite party checked the handset and found that the handset was damaged due to liquid logging/i.e. contact with any type of liquid. The officials of the service center contacted to complainant and told that the handset was liquid damaged and was out of warranty due to violation of warranty policy because the handset had found to be water logged and the warranty of the handset had got barred and the repair of the handset should be on chargeable basis and an estimate of repair was provided to the complainant. But the complainant became adamant and started demanding free of cost repair/replacement for his handset. Opposite party No.1 denied rest of the allegations leveled in the complaint and prayed for dismissal of the complaint.
3. On 25.05.022 direction was given to the complainant to file the RC, thereafter fresh notice to opposite party No.2 be issued for 6.7.2020 through registered posts. It shall be the last opportunity.
4. On 06.07.2022 Shri K.S.Rathore, counsel for opposite party No.1 has made a statement that “opposite party No.1 is ready to repair the article/mobile phone free of costs as the same is however due to liquid damage.”
5. On the basis of the statement of counsel for opposite party No.1, the Commission is of the opinion that the complaint is disposed off with the direction to opposite party No.1 to replace the mobile phone in question with a refurbished phone of the same model. The complainant is also directed to hand over the old mobile phone to the opposite party No.1. There are no order as to costs. Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on: 06.07.2022 (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
