Punjab

Sangrur

CC/1117/2015

Gagandeep Kaur - Complainant(s)

Versus

Samsung India Electronics .Ltd. - Opp.Party(s)

Shri Ritesh Jindal

11 May 2016

ORDER

 

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                             

                                                                    Complaint no. 1117                                                                                              

                                                                    Instituted on:  21.09.2015

                                                                   Decided on:    11.05.2016

 

Gagandeep Kaur daughter of Shri Ajaib Singh resident of Bhalla Enclave Behind Kamal Palace, Kothi No.6, Tehsil and District Sangrur.   

                                                …. Complainant

                                Versus

1.Samsung India Electronic Private Limited, B-1, Sector 81, Phase -2, Noida District Gautam Budh Nagar Uttar Pardesh through its Managing Director/ Authorized Signatory.

2.Gaurav Communications, Street No.2, Near Railway Chowk, Gaushalla Road, Sangrur through its Proprietor/ Authorized Signatory.

3. S.R.Sales Opposite Jyoti Sarup Gurdwara, Nabha Gate, Sangrur through its Proprietor / Authorized Signatory.

      ….Opposite parties.

 

 

FOR THE COMPLAINANT       :    Shri Ritesh Jindal,  Advocate                          

 

FOR OPP. PARTY NO.1           :     Shri  J.S.Sahni,  Advocate                         

 

FOR OPP. PARTIES No.2&3   :     Exparte.

 

 

Quorum

         

                    Sukhpal Singh Gill, President

K.C.Sharma, Member

Sarita Garg, Member

                 

 

ORDER:  

 

Sukhpal Singh Gill, President

 

1.             Gagandeep Kaur complainant has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that she purchased a Samsung mobile bearing Model No. GT-19060ZWD- White from OP No.3 for Rs.10500/- vide invoice no. RI-1064 dated 12.01.2015 under one year warranty. After four months from the date of purchase, said mobile set started giving problems of hanging and charging for which the complainant approached the OP No.3 who advised to approach the OP No.2. Then the complainant approached OP No.2  who issued a job sheet to the complainant and after a week  OP No.2  handed over  the mobile set in working condition. In the month of August 2015  the same problems in the mobile set were occcured  but this time OPs no.2 and 3 flatly refused to repair  or to replace the set as the problem seems to be a manufacturing. Thereafter complainant got checked the mobile set from Singh Connectively Mobile Repairing and Maintenance shop Phirni Road, Sunami Gate  Sangrur  who  gave his opinion on 7.9.2015 that   mobile set has manufacturing defect. Thus, alleging deficiency in service on the part of OPs, the complainant has sought following reliefs:- 

i)      OPs be directed either to replace the defective mobile phone with new one of same model or to refund  the amount of Rs.10500/-  along with interest @12.5% per annum from the date of purchase till realization,

ii)     OPs be directed to pay to the complainant a sum of Rs.25000/- as compensation   on account of mental agony, harassment,

iii)   OPs be directed to pay Rs.5500/- as litigation expenses.

2.             Notices were issued to the OPs but despite service OPs no.2&3 did not appear and as such OPs no.2&3 were proceeded exparte on 20.11.2015.

3.             In reply filed by OP No.1, preliminary objections on the grounds of concealment of true facts, territorial jurisdiction,  abuse of process of law, cause of action and misuse of process of law have been taken up. On merits, purchase of mobile set in question under one year warranty subject to warranty terms and conditions is admitted.  It is denied that after four months  of purchase the mobile set was giving problem of hanging and charging.  It is also denied that  in the month of August 2015, the mobile again gave same problem. It is further denied that the complainant approached the OPs no.2&3  to replace the mobile phone with new one.   It has been further stated that the question of replacement  of mobile does not arise when the mobile in question is perfectly working.  There is no manufacturing defect in the mobile set in question. Thus, there is no deficiency in service on the part of OP No.1.  

4.             The complainant in his evidence has tendered documents Ex.C-1 to Ex.C-5 and closed evidence. On the  other hand, OP No.1 has tendered documents Ex.OP-1/1  to Ex.OP-1/3 and closed evidence.  

5.             From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant and OP No.1, we find that the complainant had purchased  a mobile phone of Samsung Mobile bearing model No. GT-19060ZWD from OP No.3  on 12.01.2015 for an amount of Rs.10500/- under warranty of one year which is evident from  retail invoice number RI-1064 dated 12.01.2015 which is Ex.C-3 on record. The complainant has specifically stated in his complaint that after four months from the date of purchase, it started giving problems of hanging and charging for which the complainant approached the OPs but the problems could not be solved.  To prove her version, the complainant has produced on record copy of retail invoice Ex.C-3 and copy of job sheet dated nil Ex.C-4. The complainant has also produced report of an expert namely Damanjit Singh, proprietor of Singh Connectivity Phirni road, Sunami Gate, Sangrur along with his affidavit Ex.C-5 and Ex.C-2 respectively  wherein  Mr. Damajit Singh has opined that  after thorough checking,  he found that there is manufacturing defect in the mobile set  and due to that reason mobile was  giving the problems of hanging touch and charging and is not working properly and the said problem is not curable one. Against  the report of expert of the complainant, the OPs has  also produced report of an expert namely Harpreet Dass, Service Engineer working with M/s Guarav Communication Gaushala Road, Sangrur, OP no.2  wherein he  has stated that  after receiving the mobile set he inserted the SIM card  in the mobile set and used the mobile set for about one hour and during that period he received calls and also made calls from the mobile set in question  and also received the message. During that period  he has not found any hanging problem or any other problem/ defect in the mobile set as alleged by the complainant and as such there is no manufacturing defect or any other defect in the mobile set as alleged by the complainant  and the mobile set is in OK condition. Learned counsel for the complainant has specifically argued that Mr. Harpreet Dass is working with M/s Gaurav Communication and being a paid employee he would support  the contention of M/s Gaurav Communication which is opposite party number 2 in the present case. We find merit in this argument because Mr. Harpreet Dass is not an independent person.

6.             For the reasons recorded above, we find  that the mobile set  in question  developed  defects within the warranty period which could not be removed by the OPs meaning thereby there is manufacturing defect in it.  In this manner,  the OPs are deficient in service and as such we allow the complaint of the complainant and direct the OPs  to replace  the mobile set with new one of the same model or in the alternative to refund an amount of Rs.10500/- which is price amount of the mobile set in dispute  to the complainant subject to return of the defective mobile set in question along with all accessories of it. We further order the OPs to pay to the complainant a sum of Rs.5000/- as compensation on account of mental pain, agony and harassment and also to pay to the complainant a sum of Rs.2000/- as litigation expenses.

6.             This order of ours shall be complied with  within 30 days from the receipt of copy of the order.  Copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                   Announced

                May 11, 2016

 

 

 

  ( Sarita Garg)    ( K.C.Sharma)          (Sukhpal Singh Gill)                                                                                                                               Member          Member                                President