Punjab

Fatehgarh Sahib

CC/57/2017

Parvesh Kumar - Complainant(s)

Versus

Narinder Enterprises - Opp.Party(s)

Sh Mk Garg

05 Jun 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No.57 of 2017

                                                     Date of institution : 20.09.2017                                 

                                                      Date of decision    : 05.06.2018

Parvesh Kumar aged about 38 years son of Sh. Chaudhari Ram, resident of W.No.4, Jail Road, Bassi Pathana, District Fatehgarh Sahib.

……..Complainant

Versus

1. Narinder Enterprises, Cinema Road, Sirhind Mandi, Tehsil & District Fatehgarh Sahib through proprietor/partner.
2. Samsung Care Centre, C/o M/s Techno Solutions, Ward No.17, Opposite Goal Market, Near Krishna Mandir, Mandi Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib through its authorized signatory.
3. Samsung India Electronics Pvt. Ltd., A-25, Ground Floor, Front Tower, Mohan Cooperative, Industrial Estate, New Delhi-110044, through its authorized signatory.

 …..Opposite Parties

Complaint Under Sections 11 to 14 of the Consumer Protection Act.

Quorum

Sh. Ajit Pal Singh Rajput, President                          

Sh. Inder Jit, Member

 

Present :        Sh.M.K. Garg, Adv. for complainant.

                      Opposite party No.1 exparte.

                      Sh. G.S.Nagra, Adv. for OPs No.2 & 3.

ORDER

 

By Inder Jit, Member

                      Complainant, Parvesh Kumar aged about 38 years son of Sh. Chaudhari Ram, resident of W.No.4, Jail Road, Bassi Pathana, District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 11 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.           The complainant purchased a mobile set Samsung Galaxy J7  from OP No.1 amounting to Rs.19,200/-, vide bill No. 3012 dated 22.12.2016. At the time of purchase of said mobile hand set, OPs No.1 gave warrantee of one year for any defect in the mobile hand set and also assured that if in future, any defect arises, then the OPs will refund the amount of the said mobile hand set along with interest or replace the same with new one of the same price range. After some time from the date of purchase of the mobile hand set, a fault occurred in the hand set as the same started giving problems like heating problem, network problem and also started showing patches on Screen/LCD.  The complainant visited OP No.2 and told about the problems. OP No.2 issued job sheet No.4241034984 dated 17.07.2017 and returned the mobile hand set to the complainant with assurance that the defect has been removed and now the mobile hand set will not create any problem in future as they have changed its defective display and main board with new one. After about 15-20 days, the network problem and hang problem again occurred and the complainant visited OP No.2 on 04.08.2017 and told about the problems. OP No.2 refused to remove the defect from the said mobile hand set and misbehaved with the complainant. The act and conduct of the OPs amounts to deficiency in service. Hence, this complaint for giving directions to the OPs to refund the price of the mobile hand set i.e. Rs.19,200/- along with interest and further to pay Rs.25,000/- as compensation for harassment and mental agony and Rs.5500/- as litigation charges.
3. Notice of the complaint was issued to the OPs but OP No.1 chose not to appear to contest this complaint. Hence, OP No.1 was proceeded against exparte.
4.  The complaint is contested by OPs No. 2 & 3, who filed joint written reply. In reply to complaint, OP No.2 & 3 raised certain preliminary objections, inter alia, that the complainant has concealed the material and true facts from this Forum and the complainant has not come with clean hands; the present complaint is gross abuse of the process of law and no cause of action has arisen in favour of the complainant and against the OPs No.2 & 3.  As regards the facts of the complaint, OPs No. 2 & 3 stated that complainant visited office of OP No.2 on 17.07.2017 and submitted his mobile with reported problem of ' Net Problem and patches on LCD'. OP No.2 inspected the handset and duly rectified the problem by changing the 'PBA Board, Charging Jack' and handset was delivered back to complainant in OK condition. Thereafter, the complainant has never submitted his handset for any kind of repair with authorized service center, which shows that handset in question is perfectly working and is being used by the complainant.  It is further stated that the performance of mobile hand set depends upon the physical handling of the product and mobile applications being downloaded in the mobile hand set.  In the present case, the hand set is not being properly handled by the complainant. There is no deficiency in service or breach of contract on the part of OPs No. 2 & 3.  After denying the other averments made in the complaint, OPs prayed for dismissal of the complaint.
5.  In order to prove his case, the complainant tendered in evidence his affidavit Ex. C-1, true copy of bill/invoice Ex. C-2, true copy of job sheet Ex. C-3 and closed the evidence. In rebuttal, OPs No. 2 & 3 tendered in evidence affidavit of Sh. Anindya Bose Ex. OP2/1, true copy of warranty card Ex. OP2/2 and closed the evidence.
6. The Ld. counsel for the complainant argued that the complainant purchased the said mobile handset from OP No.1 during December 2016. The mobile handset worked well, but during July 2017, it started creating problems like heating problem, net-work problem and also started showing patches on its screen. OP No.2, when approached, rectified the problems by changing the defective parts etc. However, after 15-20 days, the said mobile again started showing the problems like the network problem, hang problem etc. When contacted OP No.2 on 04.08.2017 he refused to entertain the complainant and also misbehaved. The Ld. counsel prayed for acceptance of complaint and further prayed for return of cost of mobile handset alonwith compensation and litigation charges.
7.  The Ld. counsel for OPs No. 2 & 3, argued that the said mobile handset was presented to OP No.2 only on 17.07.2017 for repair of its defects. The mobile was rectified and returned to the complainant. Thereafter, the complainant never visited OP No.2 for any kind of defect in the said mobile, which means that the handset is in okay condition. However, he pointed out that the working of the mobile also depends up on its physical handling and the complainant might not have handled it properly. Further he pointed out that the service centre is still ready to repair the handset as per terms and conditions.
8. We have gone through the written arguments, evidence, pleadings and oral arguments etc and are of the opinion that OP No.2 has committed deficiency in service by refusing to entertain the complainant second time when he visited it on 04.08.2017 for rectification of defects which had occurred after its first rectification on 17.07.2017. The Ld. counsel for OPs No. 2 & 3 could not place on record any evidence regarding mishandling of the mobile hand set. Hence, we accept this complaint and direct OP No.2 & 3 to thoroughly check the handset in question and rectify the defects in it to the entire satisfaction of the complainant.  If, however, the defects are manufacturing defects, then said mobile handset be exchanged with a new one or its price i.e. Rs.19,200/- be refunded to the complainant. The complainant is also held entitled to compensation/litigation charges of Rs.3000/- to be paid by OPs No. 2 & 3. This order be complied within 45 days from the date of receipt of certified copy of this order. In case the OPs fail to comply with the order within the stipulated period, OPs shall pay interest @ 9% p.a. till its realization.
9. The arguments on the complaint were heard on 30.05.2018 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:05.06.2018