DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 10 OF 2016
Nirakar Barik,
S/O: Mangan Barik,
R/O: Mandlia, ( LCH Qr. No. 85),
PO/PS: Brajrajnagar, Dist: Jharsuguda, Odisha…..…..……..………. Complainant.
Versus
- Saahil Communication,
Infront of Shri Hanuman Mandir, Main Road,
PO/PS: Brajrajnagar, Dist: Jharsuguda.
- Anil Solutions,
( Authorised Samsung Service Centre),
1st Floor, Dhaniram Business Park Sarbahal Road,
PO /PS / Dist: Jharsuguda, Odisha.
- The Customer Service Head,
Samsung India Electronic Pvt. Ltd.,
2nd, 3rd , 4th Floor, Tower-C,
Vipul Tech Square Sector-43 Golf Course Road,
Gurgaon (Hariyana)-Pin-122 002…………........................... Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri A.K.Mishra,Adv. & Associates.
For the Opp. Party No.1 Shri T.K.Singh,Ad. & Associates.
For the Opp. Party No.2 Self( Ex-parte).
For the Opp. Party No. 3 Shri K.C.Mohapatra, Adv. & associates.
Date of Order: 09.08.2016
Present
1. Shri S.L. Behera, President.
2. Shri S.K.Ojha, Member.
Shri S.L. Behera, President: - The complainant’s case in brief is that, he had purchased one mobile handset having model Samsung Galaxy STER-Pro-1 by paying Rs.4,900/- only from O.P.No.1. After 03 months of purchasing the said-
mobile got problem like not receiving of incoming calls and hanged out maximum times. The complainant approached O.P.No.1 and as per advise he went to O.P.No.2 for repairing and after being repaired returned to the complainant but the said hand set started showing defects while operating which has not been solved. The complainant alleging manufacturing defects filed this case against the O.Ps.
After being noticed through this Forum, the O.P. No. 1 & 2 failed to appear before this Forum and stand ex-parte. The O.P.No.3 denied the allegations of the complainant and submitted that the complainant has mobile hand set on 13.03.2015 and claimed on 26.05.2015 where the O.P.No.2 repaired the same by upgrading the software. Further the complainant claimed on dt.05.11.2015 through Mariam electronics Pvt. Ltd. RMA where the O.P.No.2 remove the defect by replacing PBA (Mother Board), Jack Micro, touch screen, LCD of mobile phone and delivered on dtd. 09.11.2015 in O.K condition. The complainant alleging false and fabricated allegations filed case on 02.02.2016 just before expiry of warranty period and denying all the allegations made by the complainant with prayed for dismissal of the case.
Heard the matter in length and on perusal of case record including materials available, it is noted that the complainant has purchased one mobile handset having model Samsung Galaxy STER-Pro-1 by paying Rs.4,900/- only from O.P.No.1 on dtd. 13.03.2015. The said mobile started showing problem on dtd.26.06.2015 for the first time. The defect was removed by upgrading the software and delivered. On dtd. 05.11.2015 problem again arises which was also removed by replacing some main spare parts like replacing PBA (Mother Board), Jack Micro, touch screen, LCD of mobile phone and delivered on dtd. 09.11.2015 in running condition. The said mobile is in the possession of complainant which is also running in good condition.
As the O.Ps have remove all the defect by replacing the major spare parts and delivered the mobile in good running condition, thus no any deficiency in service found on the part of O.ps. Hence the present complaint petition is dismiss with no costs.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 09th of August, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
S.K.Ojha, Member S.L.Behera, President
Dictated and corrected by me.
S.L.Behera, President
