For Complainant          :             Self.

For Op No.1, 2 & 3       :             None.

                                                                        -x-

1.                         The brief history of the case of the complainant is that he purchased a Samsung J7 Prime handset IMEI No.351678/09/592707/3 from OP.1 vide Invoice No.1033 dt.19.11.2018 for Rs.12, 000/- but from day one of such purchase the complaint could find that the set is defective as at the time of calling the display remains blank and set became hang.  It is submitted that the complainant approached OP.1 to replace the defective set with a new one who advised the complainant to contact OP No.2-ASC.  On approach the OP.2 received the set and issued Job Sheet dt.03.12.2018 with fault recorded “Calling time display blank and hang”.  It is submitted that after a brief repair, the OP.2 kept pending the matter and advised the complainant to wait for some days and it will contact the Company to arrange a new handset of same model but the ASC did not turn up.  It is further submitted that as problem became acute, the complainant again handed over the set to OP.2 on 15.12.2018 with fault as that of before besides set heat problem.  The ASC issued job sheet and after a brief repair stated that the set cannot be repaired as it has got its inherent manufacturing defect. Thus alleging defect in goods and deficiency in service on the part of the OPs, he filed this case praying the Forum to direct the Ops to refund Rs.12, 000/- towards cost of the handset with interest @ 12% p.a. from 19.11.2018 and to pay Rs.15, 000/- towards compensation to the complainant.

2.                         The Ops in spite of valid notice neither filed counter nor participated in this case in any manner and as such remained exparte in this proceeding.  The complainant has filed copy of retail invoice issued by OP.1-dealer as well as copy of job sheets issued by OP.2-ASC.  Heard from the complainant at length in absence of the Ops and perused the materials available on record.

3.                         In this case, the purchase of Samsung J7 Prime handset IMEI No.351678/09/592707/3 from OP.1 vide Invoice No.1033 dt.19.11.2018 for Rs.12, 000/- is supported by due retail invoice and hence the purchase of handset which is manufactured by OP.3 is proved.  The complainant stated that from the day one of purchase he could find defects in the handset as at the time of call, display remains blank and set becomes hang.  The complainant has approached the ASC on 03.12.2018 and the ASC has granted Job Sheet with fault “Calling time display blank and hang”.  From the above facts, it was ascertained that within 2 weeks of purchase the handset was repaired by the OP.2.  The OP.2 has also assured to fetch a new handset of same model to the complainant after getting the same from the Company, as ascertained from the complaint petition and submitted by the complainant at the time of hearing.

4.                         It is further seen that the ASC has not taken any step to replace the set with a new one and the problems in the handset became acute.  Hence the complainant again approached the ASC on 15.12.2018 with same fault.  This time the ASC issued job sheet and after a brief repair stated that the handset has got its inherent manufacturing defect and it cannot be repaired.  Thus the complainant was suffering with the defective set which is lying unused as submitted by the complainant at the time of hearing.

5.                         In absence of counter and participation of Ops in this proceeding, we lost opportunity to know anything from the Ops and hence the allegations of the complainant remained unchallenged.  Further the allegations of the complainant are duly supported by cogent evidence by way of documents on record.  Hence we have no scope to disbelieve the allegations of the complainant but to safely hold that the handset purchased by the complainant has defects of manufacturing nature and the complainant is liable to get back the cost of the handset with interest @ 12% p.a.  Further due to defective handset, the complainant must have suffered some mental agony and has come up with this case incurring some expenditure for which he is entitled to get compensation and costs.  Considering the sufferings, we feel a sum of Rs.2000/- towards compensation and cost in favour of the complainant will meet the ends of justice.

6.                         Hence ordered that the complaint petition is allowed in part and the OP No.3 is directed to refund Rs.12, 000/- towards cost of the handset with interest @ 12% p.a. from 19.11.2018 in lieu of defective handset and to pay Rs.2000/- towards compensation and cost to the complainant within 30 days from the date of communication of this order.

(to dict.)