Chandigarh

DF-II

CC/514/2022

Maalkit Singh - Complainant(s)

Versus

M/s Sparkle - Opp.Party(s)

In Person

07 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	514 of 2022
Date  of  Institution	:	17.06.2022
Date   of   Decision	:	07.05.2024

 

 

 

 

 

Malkit Singh s/o Sh.Gian Singh, Resident of House No.774, Village Hallomajra, U.T., Chandigarh

             …..Complainant

 

Versus

1]  M/s SPARKLE, SCO 3027-3028, Sector 22-D, U.T., Chandigarh

2]  Samsung India Electronics Pvt. Ltd., Block B, Sector 81, NOIDA, U.P.

2^nd Address:- SAMSUNG, 6^th Floor, DLF Centre, Sansad Marg, New Delhi 110001

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                    MR.B.M.SHARMA,                 MEMBER

                               

Argued by  :    Complainant in person

OP No.1 exparte.

Sh.Devinder Kumar, Counsel for OP No.2.

 

 

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

 

        The complainant has filed the present complaint pleading that he purchased one mobile phone of Samsung – Galaxy S20FE from Anmol Mobiles, Chandigarh on 13.1.2022 by paying an amount of Rs.25,000/- against bill Ann.P-1.  It is stated that the said mobile phone started giving problem just after three months of its purchase as its Touch function was not working and as such the complainant took it to Sparkle/OP, whose official checked it, opened the mobile phone, set the touch of mobile and handed over back to the complainant.  However, after reaching home, when the complainant inserted SIM in the mobile phone, it was showing the network.  Thereafter, the complainant again visited OP-Sparkle for repair of the mobile phone whereupon the official of OP stated that your have shown the phone somewhere outside as its IMEI has been null so it will not work and that water logged in the phone set.  It is pleaded that the complainant told the staff of the OP that the mobile phone has been shown to them & opened by them only being under warranty but they did not pay any heed.  The complainant reported the matter to Samsung Company and after much persuasion and exchange of emails, he was told that the mobile phone is not repairable and Samsung will pay 50% amount towards the defective mobile phone to which the complainant refused.  Therefore, the present complaint has been preferred by the complainant alleging the above said act & conduct of the OP as gross deficiency in service and unfair trade practice. 

 

2]       The OP No.1 did not turn up despite service of notice, hence it was proceeded exparte vide order dated 27.2.2023.

 

         The OP No.2-Samsung India has put in appearance and filed its written version.  It is stated that the complainant has not disclosed the true fact and has not arrayed the seller of refurbished unit in question i.e. Anmol Watches & Electronics Pvt. Ltd. as a party to the present complaint.  It is submitted that infact the unit in question was earlier sold to some other person on 06.03.2021 and the same has been sold to the complainant as a refurbished unit.  It is also submitted that the actual cost of the product was Rs.42,000/- and same was sold in 2021 for Rs.42,000/- and thereafter the unit has been purchased by the complainant as a used/refurbished unit, which fact is mentioned on the Invoice issued by Anmol Watches as discounted price/refurbished unit price for Rs.25,000/-. It is pleaded that the said refurbished product bears only a limited warranty of six months subject to its conditions.  It is further pleaded that as the product is found to be liquid logged, the said limited warranty become void and the repair of refurbished product is not considered in warranty and repairs is to be done on chargeable basis.  It is stated that the engineer of service center checked the unit and found it damaged due to liquid logging.  It is also stated that the complainant was offered the repair on chargeable basis but he refused. Denying all other allegations and pleading no deficiency in service, the OP No.2 lastly prayed for dismissal of the complaint.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the contesting parties and have gone through the entire record including written arguments. 

 

5]       From the documents on record as well as pleadings of the parties, it is observed that admittedly the complainant had purchased the second hand mobile phone in question from Anmol Watches & Electronics (P) Ltd., Chandigarh on 13.1.2022 vide Tax Invoice Ann.C-1 against payment of Rs.25,000/- to it. It is observed that the complainant while alleging defect in the mobile phone in question during the warranty period has sought refund of cost/amount of the mobile phone.  However, the complainant has not impleaded the said Seller i.e. Anmol Watches & Electronics (P) Ltd., Chandigarh as a party to the present complaint to whom he had made the payment in respect of the second hand mobile phone in question.  It is opined that the party i.e. Anmol Watches & Electronics (P) Ltd., Chandigarh to whom the payment has been made is a necessary party to be impleaded for just and proper decision of the controversy in hand. Thus, the complaint is bad for non-joinder of necessary party.

 

6]       In the light of above observations, the complaint is liable to be dismissed being bad for non-joinder of the necessary party. Accordingly, the same is dismissed.  However, the complainant is at liberty to file afresh complaint on the same cause of action by impleading proper and necessary party(ies) as per law.

7]       The pending application(s) if any, stands disposed of accordingly.

 

         The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.        

Announced

07.05.2024                                                               Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

 (B.M.SHARMA)

MEMBER