D.O.F:02/12/2023
D.O.O:30/04/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.386/2023
Dated this, the 30th day of April 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Anil Kumar K.B.
Kousthubham (IV-931B)
Kodibayil, Uppala - 671322 : Complainant
And
Samsung Service Center
Smartx. 6/878
Kasaragod New Bus Stand
Kasaragod
Pin - 671121. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of this case is that, the complainant purchased a Samsung Mobile Tab phone on 7/8/2022 by paying Rs. 14,500/-. It is informed by the seller that the mobile is having 1 year free service warranty. After 5 months of purchase, a line appeared on the screen of the tab and there after many lines appeared. The mobile tab had shown to a service center. It is informed from opposite party that essential commodities like mobile phones have 2 weeks extra time for repair. So, there is a delay in entrusting the mobile to the service center as it contained gas connection details and bank account details. The opposite party after examination of the tab informed that there is no physical damage. The tab was given to the service center for repair. They kept the tab with them one month and returned back saying warranty period is over, otherwise the complainant has to pay Rs. 7,000/- as service charge. So the complainant is praying either for replacement or repair the tab and return it in a defect free condition.
Notice of opposite party served, but they remained absent, name called absent, set exparte.
The complainant filed proof affidavit in lieu of chief examination and the documents produced are marked as Ext.A1 and A2. Ext. A1 is the service request and A2 is the invoice. The issues raised for consideration are;
- Whether there is any deficiency in service/unfair trade practice from the side of opposite party in keeping the tab with them for 1 month unrepaired and returned by saying warranty period is over?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
All questions can be discussed together. The complainant purchased a Samsung tab and after 5 months of purchase, lines appeared on the screen. The opposite party examined the tab and informed that there is no physical damage. The opposite party kept the tab with them for 1 month and returned it to the complainant saying that warranty period is over and claimed Rs. 7,000/- as repair charge if he wants to repair it. The complainant purchased the mobile tab by paying Rs. 14,500/. And after 5 months of usage, it is not in a useful condition. Returning the mobile tab unrepaired after keeping it with them for 1 month amounts to unfair trade practice on the part of opposite party. As a service center, it is their duty to repair the product and return it at the earliest. After sale service is the right of the consumer. The Commission carefully gone through the affidavit and documents produced by the complainant. If opposite party is not interested to repair the mobile tab, he wouldn’t have accept it and keep it with him for one month. When the opposite party kept the phone with him, the complainant had an expectation that the defect of the mobile tab will be cured soon. Returning the mobile unrepaired after one month to elapse the warranty period amounts to unfair trade practice and deficiency in service. The complainant is entitled for relief in this case. The prayer of the complainant is either to replace the tab or to repair it in a defect free condition. Considering the facts of this case, this Commission holds that the service center has to repair the mobile tab properly and return it to the complainant in a defect free condition.
In the result, complaint is partly allowed, directing opposite party to repair and return the mobile tab in a defect free condition with a compensation of Rs. 3,000/- (Rupees Three thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Acknowledgment of service request
A2 – Invoice
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
