Punjab

Ludhiana

CC/23/19

Kashish Sethi - Complainant(s)

Versus

Samsung India Elect.Pvt.Ltd - Opp.Party(s)

Gagan Oberoi

11 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No: 19 dated 11.01.2023                                                Date of decision: 11.08.2023  

Kashish Sethi, aged 21 son of Sh.Manish Sethi, Resident of 299/1a Bhagwan Dass Colony, Salem Tabri, Ludhiana through Special Power of holder namely, Nikhil Sethi, son of Manish Sethi, Resident of 299/1a, Bhagwan Dass Colony, Salem Tabri, Ludhiana, Adhaar No.339272709473, Mob.8146817608, Email id: nsethisaab112@gmail.com                                                                                                                                                              ..…Complainant

                                                Versus

1.Samsung India Electronics Private Limited, through all its Directors, having its registered office at 6^th Floor, DLF Centre Sansad Marg, New Delhi-110001.

2.Samsung Service Centre Emm Vee Enterprises, through its authorized representative Sumit Verma, B-20, 3403/1, Ist Floor, Malhar Cinema Rd, Ludhiana, Punjab 141001 M-80549-41517.

3.Samsung Service Centre Ludhiana Grace Enterprises, through its Authorized representative, 18AX, Model Town Extension Near Krishna Mandir, Opp.Tution Market, Guru Nanak Tower, Ludhiana, Punjab 141001. M-92562-23344.                                                                                                                                                                                           …..Opposite Parties

  Complaint under section 34 and 35 of the Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH.JASWINDER SINGH, MEMBER

MS.MONIKA BHAGAT, MEMBER

COUNSEL FOR THE PARTIES:

For complainant            :         Sh.Nikhil Sethi, brother and attorney holder of

complainant in person

For OP1                         :         Sh.Govind Puri, Advocate

For OP2 and OP3          :         Exparte

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                           The complainant through his special power of attorney has filed the present complaint and invoked the jurisdiction of this Commission by alleging deficiency in service and adoption of unfair trade practice on the part of the OPs and raised a consumer dispute with regard to supply of defective mobile hand set of make Galaxy M32 4G by the OPs after payment of Rs.13,499/- on 26.09.2022 by the complainant. The touch screen of the mobile as well as operating system of the same was not working properly and despite repair by the OPs, the problems still persisted. So, by filing the present complaint, complainant has prayed that OPs be directed to return the amount of Rs.13,499/- along with compensation of Rs.1 lac and litigation expenses of Rs.25,000/- to the complainant.

2.                Upon notice of the complaint, OP2 and OP3 were duly served but despite that nobody was appeared on their behalf and there were proceeded exparte vide order dated 05.04.2023.

3.                OP1 was duly appeared through its counsel and filed the written statement whereby OP1 took the preliminary objections that the complaint is bad for mis-joinder of parties as the answering OP has unnecessarily been impleaded as party to the present complaint. As per the record of OP2 and OP3, the handset in question was submitted for the first time for repair on 4.10.2022 with the OP2 with the problem of ‘touch missing’. OP2 retained the handset and the same was duly checked but there was no such problem of ‘touch missing’ detected. The handset was returned to the complainant by updating the software of the handset only. Thereafter, again the complainant has reported the same problem on 5.11.2022 with OP3 who checked the same and found no defect in the handset. Thereafter, the complainant has not reported any kind of problem in the handset and the same is being used by the complainant till date. The complainant is not entitled for any relief from this Commission. The obligation of the answering OP under warranty is subject to the warranty terms and conditions as mentioned in the warranty card supplied with the product. On merits, the opposite party no.1 has reiterated the crux mentioned in the preliminary objections. The opposite party no.1 has denied any deficiency in service on their part and in the end, has prayed for dismissal of the complaint with costs.

4.                Today, the case is fixed for evidence of complainant. However, the matter has been settled between the parties. Counsel for the OP1 has given offer to the complainant by suffering statement that OP1 without prejudice to its right, as a goodwill gesture, is ready to refund the invoice price of the mobile phone in question amounting to Rs.13,499/- subject to complainant will hand over the old mobile handset in its intact condition. Further, counsel for the OP1 has prayed that one month time from the date of receipt of copy of order to pay the above said amount by OP1 to the complainant may kindly be granted.

5.                The said offer has been duly accepted by the authorized signatory and brother of the complainant who is present in the court today and further showed his readiness to return the old handset in question to OP1 and prayed for passing of the award accordingly.

6.                           In view of above settlement and recorded statements of the parties today itself, the present complaint stands disposed of with the direction to the OP1 to refund the invoice price of the mobile phone in question amounting to Rs.13,499/- subject to the condition that the complainant will hand over the old mobile handset in its intact condition to the OP1. Compliance of the order be made within 30 days from the date of receipt of copy of this order. Further, the parties remain bound by their recorded statements. Copies of order be supplied to parties free of costs as per rules.      

7.                File be indexed and consigned to record room.

(Monika Bhagat)          (Jaswinder Singh)             (Sanjeev Batra)

Member                         Member                              President        

 

Announced in Open Commission.

Dated:11.08.2023.

Gurpreet Sharma