Samsung India Electronics Pvt. Ltd., The Manager, The Mobile Store,
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of Filing: 09.12.2009 Date of Order: 09.03.2010 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 9th DAY OF MARCH 2010 PRESENT Sri. S.S. Nagarale, B.A, LL.B.(Spl.), President Smt.D. Leelavathi, M.A., LL.B., Member Sri. Balakrishna. V. Masali, B.A., LL.B.(Spl.), Member COMPLAINT NO. 2902 OF 2009 Amardeep Singh, R/at: G-6, Bhuvanasiri Apartments, 10th A Cross, Kanaka Nagar, Bangalore-560 032. . Complainant. -V/s- 1. Samsung India Electronics Pvt. Ltd., 7th & 8th Floor, IFCI Tower, 61 Nehru Place, New Delhi-110019. Rep. by its Managing Director. (Complaint is Dismissed against OP. No.1) 2. The Manager, The Mobile Store, 3/335, Ground Floor, 2nd Cross, 1st Block, R.T. Nagar, BANGALORE. . Opposite Parties. ORDER This is a complaint filed Under Consumer Protection Act. The facts of the case are that:- The complainant had bought Samsung mobile phone on 16th November 2009 for Rs.12,899/-. The phone did not work properly. On approaching the mobile store he was asked to visit Samsung service center. The Service Engineer said that he had never seen the model before. This raised serious doubts. He visited mobile store and told about the capability of the Samsung service center. The complainant insisted to phone may taken back and he was totally frustrated with the Samsung phone and service center. Mobile store agreed to exchange the phone. The complainant lodged the complaint on the Samsung mobile website and on the mobile store website. The complainant did not receive any call from the Samsung calling upon the Samsung helpline number of times. Mobile store also did not take steps to resolve the issue. Therefore the complainant seeks that opposite party shall be directed to refund the amount to the tune of Rs.12,899/- along with interest and cost of the proceeding. 2. Notice sent to opposite parties. The notice was served to opposite party No.2 the Mobile Store, R.T. Nagar, Bangalore, and the case is sought for the appearance of the opposite parties. Nobody appeared on behalf of opposite parties. Even defence version not sent by post and therefore opposite party No.2 was placed as Ex-parte. Opposite party No.1 being a Company, therefore it is ordered that opposite party No.1 is not a necessary party. 3. The points for consideration are:- (1) Whether the complainant has proved deficiency in service on the part of opposite party No.2, the Mobile Store, R.T. Nagar, Bangalore? (2) Whether the complainant is entitled to the relief prayed for in the complaint? 4. Our findings on the above points are:- POINT No.1:- In the Affirmative POINT No.2:- As per the final order REASONS POINT Nos. 1 & 2:- 5. It is the admitted fact that the complainant has purchased Samsung mobile phone on 16th November 2009 for Rs.12,899/- from opposite party No.2 and the same new product is not working properly. Moreover the complainant has made several correspondences with opposite party No.2 through emails and opposite party No.2 being the dealer and having received the amount from the complainant failed to give reply to the said emails. Therefore it is sufficient on the part of the complainant to proceed against opposite party No.2. The complainant has produced the receipt to show that he has purchased mobile set for Rs.12,899/- from the Mobile Store, R.T. Nagar, Bangalore. The complainant has produced several email correspondences entered in to between himself and the mobile store. It is very unfortunate that a new product purchased by the complainant is not working properly. Several features are not working properly. The complainant after noticing the defect in the handset approached mobile store and requested for refund of the amount. The case put up by the complainant has gone unchallenged. Opposite party No.2 though served with notice by registered post has not appeared and contested the matter. There is absolutely no any reasons to disbelieve the case of the complainant. The case of the complainant shall have to be accepted as true and correct. The assertion made by the complainant shall have to be accepted and by the facts of the case it is very clear that the opposite party No.2 being a dealer of the mobile phone has committed deficiency in service in selling the sub-standard product. Therefore the opposite party No.2 shall refund the amount to the complainant inturn opposite party No.2 will be free to claim the amount from the Samsung company. The complainant cannot be asked to claim the amount from the Company because absolutely the complainant will be having no connection or transaction of the company. The dealer is responsible to the complainant. In view of the facts and circumstances of the case the ends of justice would be met in directing the Mobile Store, R.T. Bangalore, to refund the amount of Rs.12,899/- to the complainant. The complainant has asked for compensation and interest on the amount and in the facts and circumstances of this case this is not a case to grant compensation. In the result, I proceed to pass the following:- ORDER 6. The complaint is Allowed. The opposite party Mobile Store, R.T. Nagar, Bangalore, is directed to refund Rs.12,899/- to the complainant within 30 days from the date of this order. On receipt of the amount the complainant has to give back the present mobile set to the opposite party. In the event of non-compliance of the order within 30 days from the date of this order the above amount carries interest at the rate of 6% per annum from the date of this order till payment. 7. The opposite party is also directed to send the amount of Rs.12,899/- directly to the complainant through D.D. or Cheque with intimation to this Forum. 8. Send a copy of this order to both the parties free of costs immediately. 9. Pronounced in the Open Forum on this 9th DAY OF MARCH 2010. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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