Delhi

East Delhi

CC/718/2015

PROMILA SHARMA - Complainant(s)

Versus

SAMSUNG INDIA - Opp.Party(s)

31 May 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.718/15

Ms. PROMILA SHARMA

W/O YOGINDER KUMAR SHARMA

R/O 84-A POCKET 4 MAYUR VIHAR PHASE-I

DELHI 110091

                                                                                                                         ….Complainant

•  

 

M/S SAMSUNG INDIA ELECTRONICS PVT. LTD.

THROUGH SHRI H C HONG

PRESIDENT & CEO

SAMSUNG INDIA ELECTRONICS PVT. LTD.,

A-233, OKHLA INDUSTRIAL AREA, PHASE-I

NEW DELHI

 

                                                                                                                               ….Opponents

 

Date of Institution: 16.09.2015

Judgment Reserved for: 31.05.2017

Judgment Passed on: 05.06.2017

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Present complaint has been filed by Ms. Promila Sharma, the complainant against       M/s Samsung India Electronics Pvt. Ltd., (OP) praying for directions to OP to refund the invoiced amount of Rs.13,000/- with 18% interest, Rs.50,000/- for inconvenience and mental harassment. 
2. Facts in brief are that on 24/07/2013, the complainant had purchased Samsung Microwave Oven Model No. CE 1041 DFB from M/s Electrogifting Pvt. Ltd., for Rs.13,000/- vide retail invoice No. R-675/2013-2014. Microwave bearing Serial             No. J6697WED20212Y was delivered to the complainant, which was found to have dents on the back corner on the right side. The said dents were shown to the Engineer on 26/07/2013, who assured complainant that he would report the matter to service centre. On 27/07/2017, the complainant wrote an e-mail to ‘support.india@samsung.com’ requesting replacement vide e-mail dated 28/07/2013, the complainant was asked to share the copy of the invoice and photographs of the product which was duly complied by the complainant.
3.  On 29/07/2013 the complainant was informed that his complaint had been forwarded to the concerned sales department who would contact the complainant shortly. It is stated in the complaint that the complainant was informed that an Engineer would visit his residence to check the Microwave, but on 02/08/2013, he received an e-mail stating that the complainant could not be contacted on the mentioned no. 9899982050 and was asked to provide the alternate contact number. On the same day two Engineers visited the complainant and got the assignment sheet & document indicating that the complainant was willing to accept the refund of the cost of the product signed from her. After exchange of several e-mails between the Complainant and OP, finally on 09/08/2013 the complainant wrote to the OP, regarding her willingness to accept the refund of Rs.13,000/-. The complainant was asked to share the photographs of the product time & again, but her Microwave was neither replaced nor the cost of the same was refunded. It has been further stated by the complainant that she did not use the Microwave and it was occupying space. The complainant even offered OP to refund 30% of the invoice amount in lieu of dented product, in case refund or replacement was not possible. It is stated in the complaint that despite several exchange of mails, the said microwave was neither replaced nor the invoice amount was refunded, resulting in mental and physical harassment. Hence, the present complaint.
4. Complainant has annexed Retail Invoice as Annexure 1, along with Photograph of the strip on Microwave as Annexure-2, e-mails exchanged between the Complainant & OP are Annexure-3 to Annexure-33.
5. Notice of the present complaint was served upon OP. In their reply they took plea that the complainant was offered replacement or repair as the Microwave was under warranty and it was the Complainant, who was seeking refund. It was also stated that the product had a dent and there was no fault in the working of the said Microwave and as the OP had always addressed the grievance of the complainant, thus, no deficiency in service could be attributed on their part as alleged in the complaint. Rest of the contents of the complaint were denied.
6. Rejoinder to the written statement, was filed by the complainant, where the contents of the complaint were reiterated and those of the written statement were denied.
7. Evidence by way of Affidavit was filed by the complainant, where she examined her husband Shri Yogendra Kumar Sharma, who deposed the contents of the complaint and relied upon annexures, annexed with the complaint.
8. OP examined Shri Srinivasan Jyant Joshi, authorized representative of OP, who in his deposition reiterated the contents of their reply.
9. We have heard the arguments on behalf of the complainant and Ld. Counsel for the OP and have perused the material placed on record. The complainant has annexed the photograph of the dented microwave at the same time the e-mails annexed as Annexure 4 & Annexure 9 reveal that the complainant was initially seeking replacement of the dented Microwave, but due to the delay on the part of OP, to redress the issue, the complainant sought for refund. Further reading of Annexure     , where the complainant has also offered OP, that in case the dented Microwave could not be replaced, then 30% of the invoice value could be refunded in lieu of retaining the dented Microwave by the complainant. The Complainant has stated that the said Microwave was lying in unused and packed condition. During the course of arguments it was submitted by the complainant that she had purchased new Microwave. The complainant initially had requested for replacement, but OP approved of the same only 16/09/2013. This was after a delay of more than 40 days.
10. From the above discussion, we observe that there was delay in approving the replacement of the dented Microwave. Therefore, we direct OP to refund the invoice amount of Rs. 13,000/- alongwith 9% interest from the date of filing of complaint. When the complainant has paid for a new Microwave, he cannot be expected to settle for dented Microwave as it is considered as ‘second’s goods’ in general practice prevalent in the market. We also award Rs.8,500/- as compensation for mental agony & harassment, as the complainant was deprived of enjoying the use of microwave from the date of purchase due to deficiency in service provided by OP. The complainant is also directed to handover the Microwave to the OP on receipt of the awarded amount. If the said order is not complied within 30 days from the date of receipt of this order then OP shall be liable to pay 9% interest on 21,500/- (Rs.13,000+Rs.8,500)  from the date of filing complaint till realization.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                                    (HARPREET KAUR CHARYA)              

      MEMBER                                                                                              MEMBER

 

 

                                                 (SUKHDEV SINGH)

                                                     PRESIDENT