Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 370
Instituted on : 30.07.2019
Decided on : 10.10.2023
Bijender s/o Maha Singh R/o Village Garhi Sampla, District Rohtak.
..............Complainant.
Vs.
- S.G. Communication Shop No. 4, Gopal Complex Rohtak through its Manager/Proprietor.
- Samsung Service Care Centre HUDA Complex, Rohtak through its Manager.
- Manpreet, F2F Engineer Samsung Service care Centre HUDA Complex, Rohtak.
……….Opposite parties.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Shri Pratik Phougat, Advocate for complainant.
Opposite parties no. 1 and 2 exparte.
Opposite party No.3 given up.
ORDER
TRIPTI PANNU, MEMBER:
1. Brief facts of the case, as per complainant are that on 06.08.2018 he had purchased a Samsung B310 Music-2 mobile from opposite party no. 1 with one year free warranty/replacement provided by the company. It is further submitted that after few days of purchase, the alleged handset started creating problems i.e. screen problem and battery problem. Due to said problem complainant could not attend his important phone calls. He approached the officials of the customer care centre and submitted his phone. During repairing Ms. Manpreet has broken the screen of the mobile phone and when he came to know this fact he complained the matter to owner of the service centre but the said officials started misbehaving with him. Thereafter the complainant has contacted with the concerned officials telephonically many a times, but every time they made excuses. It is further submitted that the alleged phone is within warranty period and the opposite parties are legally bound to repair/replace the same. But the opposite parties did not pay any heed towards the genuine requests of the complainant. As such, there is deficiency in service on the part of opposite parties. Hence, this complaint and it is prayed that opposite parties may kindly be directed to refund the cost of his mobile phone i.e. Rs.1700/- alongwith interest @18% per annum from the date of purchase of mobile till the date of actual realization and opposite parties may also be directed to pay an amount of Rs.50,000/- as compensation to the complainant.
2. After registration of complaint, notices were issued to the opposite parties no. 1 and 2 and the same received back duly served but none has appeared on their behalf. As such opposite parties no. 1 and 2 were proceeded against exparte vide order dated 19.09.2019 of this Commission. Further opposite party no. 3 was given up by the complainant being unnecessary party on dated 22.09.2022.
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A and documents Ex.C1 to Ex.C4 and has closed his evidence on dated 18.07.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present complaint it is not disputed that as per bill Ex.C2, the complainant had purchased the mobile set on 06.08.2018 for a sum of Rs.1700/- from the opposite party No.1. The contention of the complainant is that defects of ‘screen & battery problems’ appeared in this mobile set just after few days of its purchase and he deposited his mobile set with the service centre but one of the officials has broken the screen of the mobile set and the same could not be repaired/replaced by the opposite party despite his repeated requests. To prove his case complainant has placed on record his affidavit Ex.CW1/A and copy of legal notice Ex.C4. But on the other hand opposite parties have not appeared before this Commission and were proceeded exparte, which shows that they have nothing to say in the matter and all the allegations leveled by the complainant against the opposite party No.2 regarding breaking of screen of mobile set and not repairing/replacing the same stands proved and opposite party No.2 is liable to refund the price of mobile set to the complainant.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party No.2 to refund the amount of Rs.1700/-(Rupees seventeen hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.30.07.2019 till its realization and shall also pay Rs.3000/-(Rupees three thousand only) as compensation on account of deficiency in service and as well as litigation expenses to the complainant within one month from the date of decision. However complainant is directed to hand over the mobile in question to the opposite parties at the time of making payment by the opposite party No.2.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
10.10.2023
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
……………………………….
Vijender Singh, Member
