1.                     The brief history of the case of the complainant is that he purchased a Samsung mobile Grand-2 (47102) for a sum of Rs.15000/- from OP.2 vide Receipt No.488 dt.14.5.2015 but after few months of its use the touch screen became hang and did not function.  The handset became switch off and steel coating of the frame faded at patches.  It is submitted that the OP.2 in the meanwhile abandoned the sale and service of the Samsung business and hence the complainant intimated the OP.1 through email dt.14.3.2016 and 22.3.2016 for early solution to the matter.  It is further submitted that the OP.1 replied vide their email dt.15.3.2016 and 22.3.2016 and advised the complainant to contact service centre of the handset but did not take any action.  Thus alleging deficiency in service on the part of the Ops, he filed this case praying the Forum to direct the Ops either to refund Rs.15000/- or to provide a new handset of his choice and to pay Rs.15000/- towards compensation to the complainan

2.                     The OP.1 filed counter denying the allegations of the complainant but admitted about the sale of alleged Samsung handset Grand-2 from OP.2 on 14.5.2015 for Rs.15, 000/-.  It is contended that the complainant on 14.3.16 has sent email to OP.1 intimating the defects in his handset and on 15.3.16 the OP sent reply.  Further the complainant on 21.3.16 has sent another email and the OP.1 advised the complainant to approach ASC for rectification of defect.  The OP submitted that after getting email reply from them, the complainant did not approach the ASC which is supported by technical staff to detect the defects.  Thus denying any fault on its part the OP.1 prayed to dismiss the case of the complainant.  The OP.2 in spite of valid notice did not prefer to participate in the proceeding in any manner.

3.                     The complainant has filed certain documents in support of his case.  Heard from the parties through their respective A/Rs and perused the materials available on record.

4.                     In this case, purchase of Samsung handset Grand-2 (G7102) by the complainant from OP.2 is an admitted fact.  The case of the complainant is that after few months of use the touch screen did not function and the set became hanging and dead and in the meanwhile the OP.2 had stopped its Samsung business for which the complainant contacted OP.1 through emails.  The complainant further stated that the OP.1 without any solution to the grievance of the complainant only advised to approach ASC.

5.                     It is seen that the OP.2 is the dealer of OP.1.  The complainant has approached to OP.2 and due to closure of Samsung business; the said OP did not help the complainant.  As per warranty condition, it is the duty of the dealer to receive the handset from the customer when a complaint comes and send the defective set to ASC for repair.  Abandonment of Samsung business is the internal matter between the Ops 1 & 2 and hence in our opinion, the OP.2 is duty bound to provide after sale service for one year of sale of a product.  The OP.2 arbitrarily did not provide any service to the complainant in this case.  The OP No.2 has received notice in this case issued by this Forum and remained silent.  It is also seen that that the OP.1 on approach advised the complainant to approach service centre but has not tried to understand the problems of the complainant.  The OP.1 could have directed its Service Centre to contact the complainant in case of closure of Samsung business by OP.2.  No address of ASC has been provided by OP.1 to the complainant.  Hence both the Ops committed fault which amounts to deficiency in service for which the handset of the complainant is lying unused.  From the above facts, we are of the view that the complainant is entitled to get refund of Rs.15000/- towards cost of the handset with interest @ 12% p.a. from the date of filing of this case with cost of Rs.1000/- from OP.1.

6.                     Hence ordered that the complaint petition is allowed in part and the OP.1 is directed to refund Rs.15, 000/- towards cost of the handset with interest @ 12% p.a. from 15.7.2016 in lieu of defective set and to pay Rs.1000/- towards cost to the complainant within 30 days from the date of communication of this order.

(to dict.)