DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No. 242/2018
Renu Sharma
R/o House No. 117-B,
Harinagar Ashram
Near Kotak Mahindra ATM
Near Delhi-110014. ….Complainant
Versus
- Samsung India Electronics Pvt. Ltd.
A-26, Mohan Cooperative Industrial Area,
New Delhi.
- EP Electronics Pvt. Ltd.
K-24 A & B, Lajpat Nagar-II,
New Delhi-110024
….Opposite Parties
Date of Institution : 14.08.2018 Date of Order : 24.12.2019
Coram:
Ms. Rekha Rani, President
Ms. Kiran Kaushal, Member
ORDER
Ms. Kiran Kaushal, Member
1. In the present case, the complainant, Renu Sharma purchased a Samsung TV on paying the total sale consideration of Rs.43,200/- on 07.01.2018. Complainant’s TV set started developing problem and the complainant vide email dated 08.06.2018 contacted Samsung India Electronics Pvt. Ltd. (OP-1) to resolve the problem. It is averred that OP-1 demanded Rs.6173/- to rectify the issue in the said TV set.
- It is averred by the complainant that place of location of LCD TV was determined by engineer of OP No.1 on spot. TV was mounted on the wall at a safe place in the house by OP’s engineer. The question of water damage and mishandling is not possible by any means. The OPs on one pretext or another did not resolve the issue raised by the complainant despite T.V. being in the warranty period. It is next averred that OP-1 offered to give a discount of 35% on repairing charges which is unjustified. As in the terms of warranty of OPs, they are liable to provide free service to the complainant.
- Thus, aggrieved by the circumstances above, the complainant approached this Forum with the prayer to direct OPs to replace the defective LCD TV with a new one and to provide necessary service to complainant after replacement of new LCD TV. Further it is prayed that OPs be directed to compensate for mental agony and harassment by paying Rs.1,00,000/- to the complainant.
2. OP-1 resisted the complaint inter-alia stating that the complainant purchased a Samsung LED on 20.03.2017 from OP-2 for a consideration of Rs.43,200/-. It is submitted that the said product carries a warranty for a period of one year and as per the warranty policy, if there will be any issue/ problem with the said product it will be repaired free of cost. However, in case of damaged product or if the terms and conditions of the warranty policy are violated then the warranty policy shall be void and the product shall be repaired on chargeable basis paid by the customer.
2.1 It is next submitted that the complainant approached OP-1 on 07.06.2018 regarding the display problem in her TV. The said product was inspected by the engineer of OP-1 and it was found that the product was ‘liquid logged’. The problem was explained to the complainant and estimate of repairs was given. But the complainant was adamant for getting the free repairs. The request was inconsistent with the warranty policy and the same was denied by OP-1. The terms of warranty issued at the time of purchase specifically provide that Samsung shall not be liable to repair if the defect is due to exposure to moisture/ liquid logging/ influence of Chemical Substances as in such cases, warranty becomes void. Hence, it is prayed that the complaint be dismissed with cost being frivolous.
3. Rejoinder and evidence to the written statement of OP-1 is filed by the complainant wherein the averments made in the complaint are reiterated. Evidence by way of affidavit of Shri Anup Mathur, Authorized Representative is filed on behalf of OP-1.
4. Written arguments are filed on behalf of the OP-1.
5. Submissions made by the parties are heard and material placed on record is perused carefully.
6. Complainant in support of her case has appended Invoice dated 07.01.2018 of the LED TV at page-7. Emails exchanged between the parties are appended at page-8 & 9 of the complaint.
7. Admittedly, complainant purchased a Samsung LED TV on 07.01.2018 which developed certain issues and were reported to OP-1 on 08.06.2018. Though the said product was still within the warranty period but OP-1 refused to repair the product stating that the repairs would be done on chargeable basis only as the warranty in respect to the TV in question had become void as the defect in the T.V. was ‘liquid logging’. The terms of warranty issued at the time of purchase states that OP shall not be liable to repair if the defect is due to exposure to moisture / liquid logging/ influence of chemical substances as in such cases warranty become void. The relevant terms of warranty are reproduced as under:-
“The warranty shall be null and void in any of the following cases and in such cases Samsung may at its sole discretion repair the equipment on a chargeable basis. The decision of Samsung whether a complaint falls in any of these categories or not shall be binding on the Purchaser.
Defects caused due to exposure to moisture/ dampness/ extreme thermal or environmental conditions or rapid changes in such conditions / corrosions/ oxidations/ spillage of food/ liquid log/ influence of Chemical substance.”
8. This Forum is of the opinion that the complainant used the said product for five months without any problem which means that there was no manufacturing defect in the product in question. Whenever the complainant approached OP-1 for resolving the issue the same was addressed immediately. Further from the warranty policy reproduced above, it is clear that OP will not be liable to repair the product if it is expose to moisture/ liquid logging, which is the case of the complainant. Hence, we are of the opinion that complainant has failed to prove any manufacturing defect in the product or in any deficiency in service on behalf of OP-1. However, OP-1 has ready and willingness to repair the said LED TV and even offered 35% discount on the repair cost which can always be availed by the complainant.
9. In view of the above discussion, we do not find any merit in the complaint and accordingly we dismiss it with no order as to cost.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 24.12.19.
