JUDGMENT
The instant case was instituted on the basis of a petition of complaint filed by the complainant Nandulal Sarkar S/o. Late Lakhan Ch. Sarkar, 102 Vidyasagarpally, Jhaljhalia, P.S. English Bazar, P.O. Jhaljhalia, Dist. Malda PIN – 732 102(W.B.) u/s. 12 of the Consumer Protection Act, 1986 which was registered as Consumer Case No.36/2018.
The fact of the case as revealed from the petition of complaint as well as from the evidence is that one Nandulal Sarkar S/o. Late Lakhan Ch. Sarkar, 102 Vidyasagarpally, Jhaljhalia, P.S. English Bazar, P.O. Jhaljhalia, Dist. Malda PIN – 732 102(W.B.), purchased one handset bearing No. WB 68929, HNS – 85171290 on 08/12/2017. After purchase the said handset started malfunctioning from 01/08/2018. It is to be mentioned that the purchased the SAMSUNG handset through FLIPCART and got delivery of the said handset on payment of Rs. 9,790/- (Rupees Nine Thousand Seven Hundred Ninety Only). As the mobile phone started malfunctioning the phone was deposited to the SAMSUNG Customer Care Centre Malda. Initially, the employee of SAMSUNG Customer Care Centre, Maldafound reluctant to receive the said mobile set and to pay the charges applicable for the service. At that time the complainant told the O.P. No.2 regarding the conversation with the Company and the complainant also reminded them regarding the coverage of warranty period. Thereafter, much persuasion the O.P. No.2 received the said mobile set. On 20/08/2018 when the complainant went to Samsung Customer Care Centre Malda to collect the phone but the O.P. No.2 refused to repair the handset without the payment for which the complainant has come to this Forum now Commission and prayed for replacement of the mobile set or price of the phone amounting to Rs. 9,790/- (Rupees Nine Thousand Seven Hundred Ninety Only) or a repair of the phone and compensation for mental pain and agony.
Initially, the O.P. filed the W/V against the petition of complaint ultimately, O.P.s did not contest. Hence, the case was preceded ex parte. In the W/V it has been stated that an expert has to be examined on behalf of the complainant to prove the fact there was defect in the mobile set but ultimately, the O.P. did not contest the case.
On perusal of the record it is found that the O.P. purchased the SAMSUNG handset on payment of Rs. 9,700/- on 08/12/2017. But after using the mobile set the said mobile handset started malfunctioning on 01/08/2018 for which the complainant went to the Samsung Care Centre but the O.P. No.2 received the same but ultimately, he did not repair the same. It is not understood why a customer will go to Customer Care unless and until and until any defect is found in the mobile set why the customer will be deprived from his legal right of repair as the incident took the place within the warranty period. On perusal of the evidence and record the complainant has been able to prove the case ex parte against the O.Ps. The evidence of complainant remains unchallenged.
Hence, ordered that
The complainant gets an order for repair of the said mobile set by the O.Ps within one month from the date of order failing which the O.P. is liable to replace the mobile. The repair will be done to the full satisfaction of the complainant. The replacement of mobile set will take effect if the repair is not satisfactory.
In default O.Ps are directed to pay Rs.9,790/- ( Rupees Nine Thousand Seven Hundred Ninety Only). Besides that the complainant is entitled to get Rs.5,000/- (Rupees Five Thousand Only) after one month of failure of replacement of Mobile Set.
Let a copy of this order be given to the complainant free of cost.
Let a copy of this order be sent to the O.Ps for information and taking necessary action. The cost of Rs. 5,000/- ( Rupees Five Thousand Only) be paid within 45 (Forty Five)days from the date of order failing which it will carry interest @ 5% p.a. from the date of filing of this case.
