West Bengal

Paschim Midnapore

CC/81/2015

Sukalyan mondal - Complainant(s)

Versus

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

18 Dec 2015

ORDER

                                                               DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

Bibekananda Pramanik, President,

and  

                                              Debi Sengupta, Member.

   

                                                     Complaint Case No.81/2015

                                                       

Sri Sukalyan Mondal………….………Complainant

Versus

                           1) Samsung India Electronics Pvt. Ltd.,

                           2) Samsung Service Center, &

                           3) Electronic Shoppe…………………..Opp. Parties.

 

 

 For the Complainant   : self.

 For the O.P.                : Mr. Asim Kumar Dutta, Advocate.

 

Decided on: -18/12 /2015

                               

ORDER

                    Bibekananda Pramanik, President-Case of the complainant, in brief, is that on 23/01/2015, the complainant purchased a Samsung Galaxy Core Prime Mobile Phone, being Model No.SM-G360HIMEI No.357386060554914 at consideration of Rs.9,800/- from opposite party no.3-“Electronic Shoppe” Sahavarang Bazar, Paschim Medinipur.  Few days after such purchase, the said mobile phone of the complainant was hanged and he, therefore, made contact with Samsung Service Center i.e. opposite party no.2 and he was told to replace the sim by a new original micro sim and accordingly the complainant installed original micro sim in his mobile phone.  Few days thereafter the mobile phone again hanged and he then made contact with the

Contd…………………P/2

 

 

( 2 )

opposite party no.2 and he was told to update his software .  Even thereafter, his mobile phone was not functioning properly for which the complainant could not use his said phone.  He again made contact with the Service Center i.e opposite party no.2 and they changed the touch pad of that mobile phone.  Even thereafter, the complainant faced same trouble with the mobile phone for which he made complaint by mail of Samsung Complain Box.  He received no reply of his said mail.  Hence the complaint, praying for an order of refund of the price of the mobile phone and compensation of Rs.90,000/- against the opposite parties. 

                   Opposite party no.1-Samsung India Electronics Pvt. Ltd. and opposite party no.3-Electronic Shoppe were duly served with the notice of this case but they did not turn up to contest this case.  Hence the case was ordered to be heard ex-parte against them.    

                      The opposite party no.2-Samsung Service Center appeared in this case and contested this case by filing a written objection.

                        Denying and disputing the case of the complainant, it is the specific case of the opposite party no.2 that on each and every occasion they repaired the mobile phone of the complainant and therefore there is no deficiency in service on their part and the complainant is, therefore, not entitled to get any relief against the opposite party no.2.   

Point for decision

                     Is the complainant entitled to the reliefs, as prayed for ?

 

Decision with reasons

                        At the very outset, it is to be mentioned here that in this case neither the complainant nor the opposite party no.2 adduced any evidence, either oral or documentary but the complainant has produced few documents including the original receipt of purchase, issued by opposite party no.3. From the original receipt, issued by opposite party no.3, it appears that the complainant purchased the said mobile phone of Samsung-make at a consideration of Rs.9,800/- from the opposite party no.3 on 23/01/2015.  From the written objection, filed on behalf of the opposite party-Samsung Service Center, we find that for such defects of the mobile phone in question as complained of in the petition of complaint, the complainant went to the service center of opposite party no.2  on few occasions and every time opposite party no.2 repaired the mobile phone of the complainant.  The written objection filed on behalf of the opposite party no.2 supports the case of the complainant that he faced much trouble for

Contd…………………P/3

 

( 3 )

such defects of his newly purchased mobile phone in question and he had to go to the Samsung Service Center on several occasions for getting repaired of the same.  Since admittedly opposite party no.2 did repair the mobile phone on each and every occasion, so it cannot be held that there is any deficiency in service on the part of the opposite party no.2.  According to the complainant few days after purchase of the mobile phone the same started given trouble and even after repairing on several occasions, the newly purchased mobile phone was not working properly for which he lodged a complaint before the opposite party no.1 by mail but the opposite party no.1 gave no response of his such mail. Said case of the complainant regarding frequent defects of the newly purchased mobile phone finds supports from the written statements of the Op. no.2 i.e. Samsung Service Center. Moreover the case of the complainant remains unchallenged in as much as neither the opposite party no.1 nor opposite party no.3 appeared in this case even after service of notice upon them.  In view of that, it is held that the complainant’s case is proved and he is entitled to get a favorable order accordingly.

                                         Hence, it is,

                                                           ORDERED,

 

                                                               that the complaint case no.81/2015 is allowed ex-parte against Op. nos. 1 & 3 and dismissed  on contest against the Op. no.2.  Opposite parties nos. 1 & 3 are directed to refund the purchase value of Rs.9,800/- of the mobile in question to the complainant on his return of the mobile set  and  to pay a sum of Rs.10,000/- to the complainant towards compensation  within one month from this date of order.

             Dictated & Corrected by me

                       

                        President                                               Member                               President

                                                                                                                              District Forum

                                                                                                                            Paschim Medinipur