DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No. 407 of 24-08-2012
Decided on 15-10-2012
Satish Kumar Maheshwari aged about 38 years s/o Late Sh. Hari Krishan Maheshwari r/o H.No.4546, St.No.2, Nai Basti Bathinda.
........Complainant
Versus
1.Samsung Customer Satisfaction, 2nd Floor, Tower-C, Vipul Tech.Square, Sec.43, Golf Course Road, Gurgaon, Haryana-122002, through their Manager.
2.Samsung Tele Services, Opp. Dr.Guraditta. Telephone Exchange Street, Near Gole Diggi, Bathinda, through its Manager.
3.M/s Bansal Mobile Care, Shop No.6, S.S.D. Sabha Market, The Mall, Bathinda, through its Proprietor.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh.Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh.Vikas Gupta,counsel for the complainant.
For Opposite parties: Opposite parties ex-parte.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant has purchased one Samsung Mobile having Model Name GT-C3303CWIINS bearing serial No.Mooo(357492044245494) from the opposite party No.3, manufactured by the opposite party No.1 vide bill No.2031 dated 24.10.2011 for a sum of Rs.3400/- with one year warranty. The complainant has faced display problem in the said mobile handset so he has lodged the complaint with the opposite party No.2 and handedover it to them. The opposite party No.2 repaired and returned the said handset to the complainant but again after few days the same problem of display occurred and the said mobile handset was again repaired by the opposite party No.2. On 13.8.2012, the complainant again approached the opposite party No.2, this time the employee of the opposite party No.2 namely Pooja refused to repair the said mobile handset, on the pretext that they have already repaired the mobile handset twice and are not liable to repair it everytime for the same problem, despite the fact that the said handset was within the warranty period. The complainant demanded their refusal to repair in writing but the opposite party No.2 refused to give it in writing but ultimately they gave in writing but reason/remark for non repair has given rather it is mentioned that 'IMEI No.Missing'. Hence the complainant has filed the present complaint for seeking the directions to the opposite parties either to change/replace the said mobile handset with new one or to refund the amount of the said mobile handset alongwith cost and compensation.
2. The opposite parties have been summoned through the registered post but despite receiving the summons they have failed to appear before this Forum, hence ex-parte proceedings are taken against the opposite parties.
3. The complainant has led ex-parte evidence in support of his allegations. The complainant has produced Ex.C1 affidavit of his own; Ex.C2 photocopy of bill dated 24.10.2011; Ex.C3 photocopy of service request; Ex.C4 affidavit of Sh.Satish Kumar dated 15.10.2012.
4. The arguments advanced by the learned counsel of the complainant heard. Record alongwith written submissions submitted by the complainant perused.
5. The complainant had purchased the abovementioned mobile handset vide bill No.2031 vide Ex.C2 for Rs.3400/-. The complainant has submitted that there was defect regarding the display and he had complained about the defect to the opposite party No.2 on 14.8.2011 i.e. the authorized service centre of the opposite party No.1. Vide Ex.C3 the defect description is given as:- no display and remark is given as:- serial and IMEI no. missing. The complainant has placed on file only one job sheet dated 14.8.2012 vide Ex.C3, whereas he has complained twice to the opposite parties before that but no job sheet of those complaints has been placed on file by the complainant. In para No.2 and 3 of his complaint the complainant has specifically mentioned that he had faced the display problem in his said mobile handset. The complainant has lodged the complaint with the opposite party No.2 and handedover the said mobile handset to them. The opposite party No.2 returned and handed it over to the complainant but again after few days the same defect occurred and he again approached the opposite party No.2 on 14.8.2012 but the opposite party No.2 refused to rectify the same and has issued the job sheet on his request vide Ex.C3, in this job sheet it has specifically mentioned that there is no display, serial and IMEI no missing and it has been marked tick in the column of warranty status being out of warranty.
6. From the facts, circumstances and evidence placed on file it is concluded that there is defect in the said mobile handset from the date of its purchase. Since the handset in question was within the warranty period, the complainant had visited thrice to the opposite party No.2 for the rectification of the same problem but despite his repeated requests the same was not repaired and at the time of his third visit the job sheet Ex.C3 has been issued to him which shows no display and it has been marked tick in the column of out of warranty, whereas the said mobile handset was well within the warranty period at the time of lodging the complaint with the opposite party No.2. The said mobile handset was also within the warranty period at the time of filing of this complaint. None of the opposite parties has appeared before this Forum intentionally, meaning thereby they do not want to take the responsibility of defects in the the said mobile handset.
7. Therefore in view of what has been discussed above, there is deficiency in service on the part of the opposite parties. Hence this complaint is accepted with Rs.2000/- as cost and compensation and the opposite parties are directed to refund the amount of Rs.3400/- to the complainant within 30 days from the date of receipt of the copy of this order.
In case of non compliance the interest @ 9% per annum will yield on the amount of Rs.3400/- till realization.
8. A copy of this order be sent to the parties concerned free of cost and file be consigned to the record room.
Pronounced in open Forum:-
15-10-2012
Vikramjit Kaur Soni
President
Amarjeet Paul
Member
Sukhwinder Kaur
Member
