Chandigarh

DF-II

CC/319/2021

Mr. Nilesh Sudon - Complainant(s)

Versus

M/s Samsung India Electronics Pvt. Ltd. - Opp.Party(s)

Pankaj Chandgothia adv

14 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	319/2021
Date of Institution	:	25.05.2021
Date of Decision	:	14.05.2024

 

                                       

                       

 

Mr.Nilesh Sudon, Prop., M/s Ravisons, Plot No.346, Industrial Area, Phase-1, Chandigarh.

...Complainant

Versus

 

1.     M/s Samsung India Electronics Pvt. Ltd., 20^th to 24^th Floor, Two Horizon Centre, Golf Course Road, Sector 43, DLF Phase-V, Gurgaon-122202, Haryana through its M.D.

2.     M/s Shreenath Retail, SCF No.216, Motor Market, Manimajra, Chandigarh through its Prop.

3.     Shivalika Ventures (Samsung Service Centre), Showroom No.7, 1^st Floor, Amcare Plaza, Zirakpur -140603 through its Incharge.

…. Opposite Parties.

BEFORE:
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
PRESENT:-
	None for the complainant Sh.Devinder Kumar, Counsel for OP No.1 OPs No.2 & 3 exparte

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.), LLM, PRESIDENT

1.         The complainant has filed the present complaint under Section 34 of the Consumer Protection Act, 2019, as amended up-to-date alleging therein that he purchased a mobile phone make Samsung Glaxy S-21 5G from OP No.2 vide invoice dated 6.04.2021 for Rs.73,999/- to be presented to his daughter as a birthday gift. He also paid Rs.3999/- towards Smasung Care Protection Plan to OP No.2. The salesman opened the new pack containing the mobile phone  and he noticed that the power key of the handset was loose and corrupted and therefore, he asked for a new mobile phone as the same was having a manufacturing defect.  Since, the new mobile phone was not in the stock of the OP No.2, therefore, the complainant was assured that a defect free new handset was to be delivered to him at his address within 2 days.  When he visited OP No.2 to collect the mobile phone, he was shocked to receive a service voucher dated 08.04.2021 issued by OP No.3 (Service Center) even though he never visited OP No.3 and he refused to accept the said voucher.  It has been averred that Samsung has cunningly converted the case of replacement of a handset to a repair/service request. Even OP No.2 has accepted and corroborated the facts by sending the e-mail to Samsung.  However, the officials of the Company  kept on delaying the resolution by sending contradictory emails in order avoid its liability to replace the same.  It has further been averred that after 17 days of the purchase, the Company has refused to give replacement of the handset. Finally, the complainant got served a legal notice upon the OPs but to no effect.  Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking directions to the OPs to refund the price of the mobile handset  and to pay the compensation for mental agony and physical harassment as well as litigation expenses.
2.         In its written version,  OP No.1 has stated that the mobile phone was checked by the Engineer of the Service Center who found that the same has been damaged i.e. power key of the set was found to be damaged and as per warranty policy, the mobile phone is out of warranty but knowing well all the circumstances, the complainant has made a false story just only to grab illegal benefits of his own wrong.  Since the warranty was void, therefore, the repair of the handset was to be on chargeable basis and an estimate of repair was generated but the said service was refused and the handset was taken back. It has further been stated that no expert evidence regarding the manufacturing defect has been led by the complainant. It has further been stated that OP N.2 is not an authorized dealer of the Company and the Company is not responsible for any action/inaction/omission on the part of OP No.2 or its any employee alleged to be of Samsung person. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.
3.         Despite due service through speed post, OPs No.2 and 3 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 03.02.2022.
4.        The complainant filed replication to the written reply of OP No.1 and controverted its stand and reiterating his own.
5.         We have heard the Counsel for OP No.1 and have gone through the documents on record including written submissions.
6.         From the pleadings and submissions of the parties, it is observed that the complainant has alleged manufacturing defect in the mobile phone by stating that the power key of the new mobile phone was not working on the day of its purchase i.e. 06.04.2021.  
7.         On the contrary, OP No.1-Company has vehemently stated that the power key of the mobile phone was found to be physically damaged on its inspection by the Service Engineer on 08.04.2021 and as such the warranty becomes void and the mobile phone is  out of warranty and the same is repairable on chargeable basis and the estimate of repair to the tune of Rs.482.49P (Annexure R-4) was generated to which the complainant has refused.
8.         The complainant has not been able to place on record the copies of the e-mails exchanged with the OPs regarding the defect in the mobile phone. He has also failed to place on record any expert evidence that the mobile phone in question is having some manufacturing defect.  Since, the mobile phone was found to be physically damaged and as such the warranty becomes void and the complainant is not entitled to any relief.
9.         For the reasons stated above, the complaint is dismissed with no order as to costs.
10.         The pending application(s), if any, stands disposed of accordingly.
11.         Certified copies of this order be sent to the parties as per rules. The file be consigned.

 

	Sd/-	Sd/-
Announced	(B.M.SHARMA)	[AMRINDER SINGH SIDHU]
14.05.2024	MEMBER	PRESIDENT