Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 404.
Instituted on : 12.07.2017.
Decided on : 16.01.2019.
Anil Kumar son of Sh. Aazad Singh, VPO Dhamar, District Rohtak.
………..Complainant.
Vs.
1 Samsung India Pvt. Ltd., through its Manager Advance Technology, 213/37, 1st Floor, Above easydays Retail Store, Main Jhasra Road, Kirti Nagar, Near Sector-35, Gurgaon.
2 Samsung Care, (Authorized Service Center) B2X service solutions India Pvt. Ltd., Near-Old Zim Khana Club, HUDA Complex, Rohtak.
3 Darshan Communications, Old Gohana Stand, Opp- Juneja Dawai Wala, Rohtak.M. 8059805800.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
SH. VED PAL, MEMBER.
SMT. SAROJ BALA BOHRA, MEMBER.
Present: Sh. M.K. Vaid, Advocate for complainant.
Sh. Kunal Juneja, Advocate for OPs No. 1 and 2.
OP No. 3 already exparte v.o.d. 24.08.2017.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. The present complaint has been filed by the complainant with the averments that on 11.11.2016 complainant had purchased a Samsung Android mobile, model No. J2 2016 bearing IMEI No.352602089435157 from the OP No. 3 which was manufactured by OP No. 1. The OP No. 1 gave one year warranty for the said mobile phone and the same is provided through the authorized service center i.e. OP No. 2. It is alleged that after ten days of purchasing the said mobile phone, the same started creating problems like stop-working, hanging and problem in touch screen. The complainant contacted OP No. 2 regarding this problem on 22.11.2016, and then OP No. 2 updated the software but after doing the same, display/screen of the said phone is not working properly and the complainant gave the mobile again to the person present in service centre, but he said that the problem will be alright automatically during continued using. It is further alleged that in the first week of March, 2017 the complainant again reported the matter to the OP No. 2, but the person present there said that if you want to repair the mobile set permanently then we will charged sum of Rs.3400/-. The complainant paid a sum of Rs.3396/- under protest to the OP No. 2 on 21.04.2017 on account of new parts and labour etc. vide invoice dated 21.04.2017. On 22.04.2017, display of the said phone stopped working completely and complainant again reported the matter to the OP No. 2, but they refused to entertain the complaint. That the act of opposite parties is illegal and there is deficiency in service. Hence this complaint and it is prayed that opposite parties No. 1 and 2 may kindly be directed to replace the said mobile phone with new one, with extended warranty or refund the cost of said phone i.e. Rs. 9750/- + Rs. 3396/- which was illegally received by OP No. 2 and miscellaneous expenses alongwith interest at the rate of 18% per annum from the date of payment to the complainant and also to pay Rs. 60,000/- as compensation and Rs. 10,000/- litigation expenses as explained in relief clause.
2. On notice, the opposite parties No. 1 and 2 appeared and filed their written reply submitting therein that the complainant had approached the service center of OPs on 14.04.2017 vide complaint No. 4234469079 and reported display problem in his unit. The service engineer of OPs told to complainant that unit can not be considered under warranty as the OPs provided one year warranty and it is one of the conditions that if the unit got damaged due to mishandling on part of the complainant, the warranty becomes void and in the present case, the warranty of the unit has gone barred due to above said reason and an estimate of repair provided to the complainant. It is further submitted that there is no deficiency in services on the part of the OPs and prayed for dismissal of the complaint qua the OPs No. 1 & 2.
3. Whereas, OP No. 3 has failed to appear before the Forum so, OP No. 3 was proceeded against exparte vide order dated 24.08.2017.
4. Both the parties led evidence in support of their case.
5. Learned counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 & Ex.C2 and has closed his evidence on dated 14.06.2018. On the other hand, ld. Counsel for the opposite parties No. 1 and 2 in his evidence tendered affidavit Ex.RW1/A, document Ex.R1 and has closed his evidence on dated 23.10.2018.
6. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
7. After going through the file and hearing both the parties, it is observed that complainant had purchased a mobile on 11.11.2016, thereafter, complainant contacted the OPs/Service Center on 21.04.2017. As per job sheet Ex.C2 the opposite party charged Rs.3,400/- from the complainant for repair of the same whereas the mobile set was within warranty period and the same should have repaired by the OP free of cost, but the Ops illegally charged the alleged amount. In their written reply they have pleaded that there was mishandling on the part of complainant in using the alleged mobile but the same has not been proved on file. As per complaint and affidavit filed by the complainant mobile in question is still not working properly as the display of mobile stopped working. He contacted the OPs for replacement of the same but they refused to replace the mobile. As such there deficiency in service on the part of the OPs.
8. Accordingly, we hereby allow the complaint and direct the manufacturer company i.e. OP No. 1 to refund the price of mobile set after deduction of 40% discount on it i.e. to pay Rs.5850/- (Rs. Five Thousand Eight Hundred Fifty Only) alongwith interest 9% p.a.from the date of filing the present complaint i.e. 12.07.2017 till its realization, to refund Rs.3,400/-(Rupees Three Thousand Four Hundred Only) and Rs.2,000/-(Rupees Two thousand only) as litigation expenses to the complainant within one month from the date of decision.
9. 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:
16.01.2019.
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Nagender Singh Kadian, President
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Ved Pal Hooda, Member.
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Saroj Bala Bohra, Member.
