Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 70.
Instituted on : 15.02.2018.
Decided on : 15.05.2019.
Ravish son of Sh. Ramesh, age 30 years, R/o House No. 153, Bhiwani Road, near New Bus stand, Chotta Pana, Kalanaur Khurd, Rohtak.
………..Complainant.
Vs.
1. Samsung India Electronics Pvt. Ltd., 20th to 24th Floor, Two Horizon Centre, Golf Course Road, Sector-43, DLF, PG-V, Gurgaon, Haryana- 122202 through its Managing Director/Authorized Person.
2. M/s B2X Service Solutions India Pvt. Ltd., Jain Mansion HUDA Complex, Rohtak- 124001.
3. M/s Jeenu Gift Shop, 52 Adarsh College Market, Hansi Gate, Bhiwani.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
DR. RENU CHAUDHARY, MEMBER.
Present: Sh. Deepak Chahal, Advocate for complainant.
Sh. Kunal Juneja, Advocate for opposite parties No. 1 and 2.
Opposite party No. 3 already exparte.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. The present complaint has been filed by the complainant with the averments that on 22.02.2017, the complainant had purchased a Samsung mobile phone make SM-A910FZDDINS having IMEI No. 352944080754768 from the opposite party No. 3 vide invoice no.13327 dated 22.02.2017 for Rs.32,500/- which was product of opposite party No. 1 and opposite party No. 2 is its authorized service center and opposite party No. 3 is the dealer of Samsung Mobile Phone. It is alleged that from the very beginning of purchasing the said mobile phone, it started creating problems in touch screen, display, battery issues and hanging etc. That on 10.01.2018, the complainant visited the service center of said mobile at Bhiwani, but service center give job sheet No. 4253202239 and deposited the mobile in question. It is further alleged that on 17.01.2018, the service center returned back the mobile in question to the complainant, but without any fruitful result. On 31.01.2018, the complainant visited the respondent No. 2, but the respondent No. 2 updated the software of said mobile and issued the job sheet No. 4254163013 after charging the Rs. 180/-, but after 2-3 days, the same problem arisen again and the complainant was told that the defect cannot be repaired as it is a manufacturing defect. That the act of opposite parties of selling a defective mobile is illegal and there is deficiency in service on the part of opposite parties. As such, it is prayed that opposite parties may kindly be directed to pay Rs. 32,500/- towards the cost of mobile in question alongwith interest @ 24% per annum and Rs. 5,000/- as compensation alongwith Rs. 5500/- as litigation expenses as explained in relief clause to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties No. 1 & 2 in their reply has submitted that the company provides one year warranty on the unit warranty means in case of any problem with the unit, the unit will be repaired or its parts will be replaced as per company policy and the warranty of the unit is subject to some conditions and the warranty of the unit becomes void in the following conditions:
i) Liquid Logged/water logging.
ii) Physically Damage.
iii) Serial No. Missing.
iv) Tampering.
v) Mishandling/Burnt etc.
and in the present case, the unit has damaged due to mishandling on part of the complainant which cannot be covered under warranty. All the other contents of the complaint were stated to be wrong and denied and opposite parties No. 1 and 2 prayed for dismissal of complaint with cost qua the opposite parties No. 1 and 2.
3. Whereas, notice issued to opposite party No. 3 through registered post not received back either served or unserved. Hence, opposite party No. 3 was proceeded against exparte vide order dated 28.03.2018 passed by this Forum.
4. Learned counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C4 and has closed his evidence on dated 14.11.2018. On the other hand, ld. Counsel for the opposite parties No. 1 and 2 in their evidence tendered affidavit Ex.RW1/A, document Ex.R1 to Ex.R2 and has closed his evidence on dated 15.03.2019.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. After going through the file and hearing the parties it is observed that the complainant has purchased the mobile on 22.02.2017 and as per job sheet dated 31.01.2018 Ex.CW2, there were problems in the mobile set i.e. Octa Damage, but the same was not repaired by the opposite parties on the ground that the mobile was physically damaged which was not covered under warranty. But the opposite parties have not placed on record any document to prove that the mobile in question was physically damaged. As such there is deficiency in the service on the part of opposite parties and opposite party No. 1 being manufacturer is liable to refund the price of mobile set after deduction of 40% depreciation on it as the complainant has used the mobile phone uninterruptedly for 11 months.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.1 to refund the price of mobile set after deducting the 40% depreciation i.e. to pay Rs.19,500/- (Rs. Nineteen Thousand Five Hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 15.12.2018 till its realization and also to pay a sum of Rs.1000/-(Rupees one thousand only) as compensation and Rs. 1000/- (Rupees one thousand only) as litigation expenses to the complainant within one month from the date of decision. As per the statement made by complainant, the mobile in question is in his possession. As such, the complainant is directed to hand over the mobile in question to the opposite parties at the time of receiving the payment from the opposite party No.1.
8. Copy of this of and the order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
15.05.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Renu Chaudhary, Member.
