Delhi

East Delhi

CC/461/2014

HARISH - Complainant(s)

Versus

SAMSUNG MOBILE - Opp.Party(s)

17 Feb 2017

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         461 /2014

                                                                                                  Date of Institution                 16/05/2014

                                                                                                  Order Reserved on                17/02 /2017

                                                                                                  Date of Order                         20/02 /2017  

                                                                                                        

In matter of

Mr. Harish Kashyap, adult   

s/o-Late Sh Dharam Singh

R/o  A -129, Gali no. 2  

Shakarpur Delhi 110092…………..…………….……..…………………..….Complainant

                                                                  

                                                                     Vs

1-M/s Samsung Mobile Service Centre

U 157, Shakarpur, Delhi 110092

 

2- M/s Krishna Communications        

DA-3/1, Opp Nathu sweets,   

Shakarpur, Vikas Marg, Delhi 110092

 

3- Samsung India Electronics Pvt Ltd.

A25, GF, Front Tower

Mohan Cooperative Industrial Area Suites

New Delhi 110044……………………………………….. ……….………….……Opponents

 

Complainant………………………………………….In Person 

Opponent 1&3 ……………………………………..Kapoor & co. Advocates & Anindya Bose – AR

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari              Member                                                                                                   

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case                                   

Complainant purchased one Samsung Galaxy Grand mobile having its model I9082 with IMEI 35663105882083 from Krishna Communication/OP2 for a sum of Rs 19,500/- on 18/05/2013 vide cash memo no. 6633. The said mobile had one year standard warranty extended by OP3.

 

 

The said mobile developed battery backup, hang and touch screen problems, so it was given to OP1 on 21/09/2013 and on 16/11/2013 and job sheets were prepared having same problems as marked here CW1/2 & 3.

It was stated that the same problems were again developed on 05/05/2014, but OP1 did not accept the mobile. Seeing uncooperative attitude of OP1 when the said mobile was still under warranty, filed this complaint claiming refund of the cost of mobile Rs 19500/-with Rs 50,000- compensation for harassment and Rs 11000/- litigation charges.

After notices were received by OP 1 and 3, joint written statement was submitted. It was admitted that the said mobile was purchased and had some software problem and were rectified in time. Thereafter, complainant had not come for any problems. There was no manufacturing defect in the said mobile. Hence, the complaint may be dismissed.

Complainant submitted his evidence by way of affidavit, but did not submit rejoinder. He re- affirmed that his facts were correct as per his complaint. He alleged that defective goods were purchased by him and thus OP3 was responsible for refund. He had further stated that his mobile was under warranty. 

OP also submitted their evidence on affidavit through their AR Mr Anindya Bose who deposed on affidavit that their company products were quality tested and had one year standard warranty for all products and never sold defective goods for customer. Hence, labeled allegations were without any evidence, so present complaint be dismissed.

 

Complainant showed his willingness for getting his case settled in the Lok Adalat to be held on 06/12/2014 for which OPs also agreed, but complainant did not put his appearance hence the matter proceeded for routine hearing.

Complainant requested for referring the case to the Mediation Centre, but there also none of the parties put their appearance, so case was remanded back to the Forum as marked here CW1.4 & 4a.

Later before arguments to be heard, complainant submitted copy of FIR dated 18/10/2014 as marked here as CW1/5 & 5a in which complainant had alleged that his said mobile had been snatched by accused persons during fighting with their neighbours and their names were in the FIR.

Arguments were heard from both the counsels. During arguments, OPs counsel stated that they are ready to help the complainant if he brings his said mobile. Thereafter the order was reserved.

We have gone through all the facts and evidences on record. It was noticed that the said mobile had been snatched during fighting and FIR was registered on 18/10/2014. The police was inquiring as the criminal case which was pending for outcome. But complainant wanted his dispute to be resolved in the Govt. Mediation Centre at Patpargunj, Delhi. The case was listed at the centre vide case no. 627/2014, but due to none appearance of parties the case was remanded back to Forum vide order no. 461/2014 on dated 20/11/2014. It has been noted from FIR dated 18/10/2014 that when the said mobile was snatched by the accused person then why complainant wanted his case to be settled in Govt Mediation Centre.

So, we do not find any deficiency in the services of OPs and merit in this complaint, thus deserves to be dismissed, so dismissed with cost Rs 1000/- to be deposited in Consumer welfare Account at this Forum. The cost be deposited within 30 days from receiving of this order.          

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

(Dr) P N Tiwari  Member                                                                            Mrs Harpreet Kaur Member                                                                                                                                                                                      

                                               

                                                  Shri Sukhdev Singh, President