Date of filing:21.08.2017

                                                           Date of Disposal:17.02.2023

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU – 560 027.

DATED THIS THE 17^TH DAY OF FEBRUARY, 2023      

CONSUMER COMPLAINT NO.2358/2017    

PRESENT:

SRI.RAJU K.S,

Nataraj H.P.,

Aged about 28 years,

No. 5/1,4^th Main, 8^th Cross,

K.P. Agrahara, Magadi Road,

Bengaluru-560 023…COMPLAINANT

Sri Mahesh K.R., Adv.,

M/s Devendra Telecom,

No.80, Gandhi Bazar Main road,

Basavangudi,

Benglauru-560 004,

Rep by its Proprietor.…OPPOSITE PARTY

Sri S. Nagaraja, Adv.

*****

//JUDGEMENT//

BY SRI. RAJU K.S, MEMBER

1. The complainant has filed this complaint under Section 12 of the Consumer Protection Act 1986 seeking for a direction to the opposite party to repair the phone and to return the same in the working condition with Rs.10,000/- compensation and such other relief’s.

2. The case of the complainant is that, in the year 2014 he has purchased Samsung Cell Phone model no. GTI-9500, white color bearing serial no.357196055716299 by paying Rs.45,000/-.  Since from the date of purchase up to 2 years the above said phone has worked in good condition.  Previously one unknown person dashed when the complainant was talking with his friend.  Due to this incident the cell phone slipped from the complainant’s hand and the display of cell phone was broken.  For the repair of the phone the complainant enquired with the Samsung customer care center, and the customer care people replied that to repair the phone it takes one week time.  Due to the urgency and need of the phone the complainant approached opposite party showroom to buy a new phone.  The opposite party has suggested that there is a service center attached to their show room and phone would be repaired within three days from 09.05.2017.  Believing the words of the opposite party the complainant left his phone with the opposite party for repair.  The opposite party has raised a job service invoice no.931 dated 09.05.2017.  Initially the opposite party orally estimated a sum of Rs.5,500/- towards repair charges.  Now the opposite party claimed to pay Rs.8,100/- towards repair charges by stating that he had given the phone to Samsung customer care center in Indiranagara for repair.  Further the opposite party has claimed Rs.1,700/- by saying that he has changed the mother board and color of display.

3. The opposite party wrongly informed that he having repair center and in order to cheat the complaint he claimed Rs. 1,700/- extra charges in addition to the Rs.6,400/- Samsung company service charges towards repair of the phone.  Till today the opposite party not handed over the phone to the complainant.  The complainant has made several visits to opposite party show room and called him by phone.  Inspite of that the opposite party failed to deliver the repaired phone to the complainant.  The attitude of the opposite party is not at all sustainable, illegal and made the complainant to visit from pillar to post to collect his repaired phone.  From the attitude of the opposite party the complainant has been subjected to loss of practice and causing financial loss of Rs. 5,000/- per month, with mental agony.  The opposite party has liable under deficiency of service to the complainant.  The complainant had issued a legal notice dated 15.07.2017 calling to the opposite party to hand over the repaired phone.  Inspite of serving of legal notice the opposite party not heed the words of complainant hence there is no other way the complainant filed this complaint seeking for reliefs as prayed in the complaint. 
4. The opposite party has appeared through his counsel on 08.11.2017.  The opposite party not opted to file his version.  On 12.02.2018 the version from the side of opposite party is taken as not filed. 

 5. The complainant reiterated his complaint by way of his chief examination affidavit with documents.

6. The complainant has filed his side written arguments.

         7.  On the basis of the pleadings and documents, the points that would arise for consideration are as under:

i) Whether the complainant proves the deficiency of service on the part of the opposite party?

 ii) Whether the complainant is entitled for the reliefs as sought in the complaint?

 iii) What order?

      8.   Our findings on the aforesaid points are as follows:

        Point No.1: In affirmative.

        Point No.2: Partly affirmative.

        Point No.3: As per the final order for the following;

REASONS

9. POINT NO.1:- In this complaint the complainant has filed service job card no.931 dated 09.05.2017 in which it is mentioned that the Samsung mobile phone model no.9500 having serial no. 357196055716299 for the complaint of display broken with dead condition.  Further the complainant filed WhatsApp screen shots containing alleged conversation between the complainant and opposite party.  The complainant had issued legal notice dated 15.07.2017 to the opposite party and also filed postal track consignment.  From the scrutinization of the above documents it is clear that the complainant on 09.05.2017 gave his Samsung phone bearing model no. GT9500 having serial no.357196055716299 with broken display and in dead condition.  The opposite party has raised job invoice no.931 dated 09.05.2017 in this regard.  The opposite party not mentioned any examination of charges for repair and it left blank in the service job card.  The WhatsApp conversation with phone no.9886114291 reveals that the complainant enquired about repair status of the phone on 21^st, 30^th June and 10^th to 19^th July respectively.  Inspite of serving legal notice the opposite party has failed to return the cell phone belongs to complainant with repaired condition. 

10. The opposite party abstained from answering the allegation made against him.  Inspite of appear in the above complaint through his counsel the opposite party not opted to file his version or file any documents towards discard the allegations of the complainant.  The opposite party not utilised the opportunities to contest in this complaint.  In that circumstance we came to conclusion that the opposite party is liable to the complainant under deficiency of service and answer point no.1 in affirmative.

11. Point No.2:- With regard to the point no.2 the complainant not produced any document pertaining demand of repair charges of Rs.6,400/- from Samsung customer service centre   and Rs.1,700/- from the opposite party.  The complainant has to bear Rs.6,400/- repair charges to Samsung customer service centre as display replacement charges.  The opposite party has to pay Rs.5,000/- as compensation for inconvenience and mental agony caused to the complainant.  The opposite party shall also pay Rs.5,000/- as litigation cost to the complainant.  In view of the discussion made above we answer point no.2 partly affirmative.

 12.  POINT NO.3:- In view of the discussion made above paras, we proceed to pass the following;

The complaint is allowed in part with cost.

The opposite party is here by directed to return the Samsung mobile phone model no.9500 having serial no. 357196055716299 to the complainant  with repaired and in working condition by receiving Rs.6,400/- from the complainant within 30 days from the date of this order.

The Opposite Party is liable to pay a sum of Rs.5,000/- to the complainant as compensation for mental agony and inconvenience caused, and Rs.5,000/- towards litigation cost.

The opposite party shall comply the order within 30 days from the date of this order. In case, it fails to comply the order within the said period, the above said amount of Rs.10,000/- carries interest at the rate of 9% p.a. from the date of order till realization.

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

Applications pending, if any, stand disposed of in terms of the aforesaid judgment.

  (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 17^th day of February, 2023)          

• RAJU K.S)                                            (SHIVARAMA. K)    
  144616126.    

//ANNEXURE//

Witness examined for the complainant side:

Sri. Nataraj H.P, the complainant has filed his affidavit.

Documents marked for the complainant side:

1. Service job card.
2. Xerox copy bill along with phone screen shot.
3. Postal receipt.
4. Legal Notice issued to the respondent dated 15.07.2017.
5. Returned Complaint copy and returned postal acknowledgement.
6. Postal endorsement issued by connected post office.

Witness examined for the opposite party side: 

 Documents marked for the Opposite Party side:

        (RAJU K.S)                                               (SHIVARAMA. K)