Jammu and Kashmir

Jammu

CC/755/2017

VIKRAM DHAWAN - Complainant(s)

Versus

SAMSUNG - Opp.Party(s)

ANIL KAHAJURIA

12 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

      (Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No               311/DFJ         

 Date of  Institution      18-11-2017

 Date of Decision        08-03-2018

 

Vikram Dhawan,

S/O Sh.Vijay Dhawan,

R/O H.No.34,Ambphalla,Jammu.

                                                                                                                                                complainant

                       V/S

1.Samsung India Electronics Pvt.Ltd.

  2^nd Floor Tower-C Vipul Tech Square,

 Golf Course Road,Sector 43 ,

 Gurgaon Haryana-122202

2.Smart Care Service 217 Shastri Nagar,

   Jammu(Samsung Authorised Service Centre).

3.Mobile Planet Shop No.34 Below Gumat,

  Opp.Balgotra Dhaba,Jammu.

                                                                                                                                    Opposite parties

CORAM

                  Khalil Choudhary              (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                               Member

                  Mr.Ghulam Sarwar Chauhan                                        Member

 

In the matter of Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

     

  Mr.Rohit Gupta,Advocate for complainant, present.

Mr.Arvind Khajuria,Advocate for OP1&2,present.

Nemo for OP 3.

 

                                                      ORDER

 

                         Facts relevant for the disposal of complaint on hand are that complainant is said to have purchased Mobile handset, namely Samsung G935F,on,06-02-2017,against sale consideration of Rs.59,000/-, from OP3,however,handset alleged to have been marred by defects within warranty period and same was taken to OP2,repeatedly, but it failed to remove the defects, and same, according to complainant were manufacturing in nature, therefore, in the final analysis, for deficiency in service, complainant prays for refund of cost of handset  and in addition, prays for compensation under different heads to the tune of Rs.60,000/-.

                  On the other hand,Ops 1&2 have filed written version and while denying the allegations of complainant, went on to submit that as per record complainant did not approach OP2 for the reason that complainant concealed the material facts from this Forum that they approached A.R.Service Centre  at New Plot, Jammu which is not a party to the complaint dated 08-02-2017 under complaint No.4230493299 and has reported problem while using the handset and complained of the problems viz WHATSAAP AND VIDEO CALLING MIC NOT WORKING, accordingly mobile unit of the complainant was immediately examined by the service engineer of A.R.Service Centre at New Plot,Jammu,which is not a party to the complaint without any delay and was checked thoroughly. Thereafter no fault/defect was found in the handset and software was updated and advised the complainant to use only genuine applications. However these problems are occurred generally due to use of third party applications because of this type of applications processor creates problem. It is further submitted that as per record, complainant again approached OP2 with his handset vide dated 12-10-2017 under complaint No.4247132105 and has reported problem while using the handset and complained of the problem viz issue Display broken Issue, accordingly mobile unit of complainant was immediately examined by the service engineer of service centre without any delay and was checked thoroughly. Thereafter the employee of Op2 given estimated cost of the damage part to the complainant, but the same call was cancelled & estimate not proved for the reason best known  to him and the same was not approved by the complainant and took the delivery of the handset. The Ops 1 &2 further submitted that they are still ready and willing to carry out any repairs as per warranty terms and conditions, in case any defect is found in the same.However,the onus is on the complainant to prove that there is any defect in the mobile unit. It is further submitted that there is no manufacturing defect in the mobile unit and neither there is any deficiency in service on the part of OP,therefore,complaint is misconceived and liable to the dismissed.

                    Complainant adduced evidence by way of duly sworn his own affidavit and affidavit of Ankit Puri. Complainant has placed on record, copy of retail invoice, and copy of job card.

                   On the other hand,Ops 1&2 adduced evidence by way of duly sworn evidence affidavit of Joginder Paul alias (Rajesh Paul) Mobile Service Engineer, Jammu.

              We have perused case file and heard L/Cs appearing for the parties at length.

                  After hearing L/Cs for parties and perusing the case file, in our opinion dispute hinges around the point, as to whether or not there is any deficiency in service on the part of Ops, in failing to provide after sale service.

              Admittedly, complainant approached Ops for removal of alleged defects,however,Ops came up with the version that alleged defects were not covered under warranty. In support of alleged defence ,Ops have filed evidence affidavit of  Joginder Paul alias (Rajesh Paul),Mobile Service engineer and testimony of witness of Ops more or less is reproduction of contents of written version of Ops,therefore,same need no reiteration.

                  However, on the other hand, complainant filed his own duly sworn evidence affidavit. On the other hand,Ops 1&2 did not support their defence by any expert report,therefore,mere testimony of its service engineer short of any expert report looses its probative value and cannot be relied upon, because complainant supported his allegations by his own evidence affidavit . Therefore, it appears Ops 1&2 have raised the defence just to shift the liability that arisen under the warranty condition, therefore, in our opinion, act of omission and commission on the part of Ops 1&2, constitutes grave deficiency in service, therefore, same calls for interference.

                 In this view of the matter, we are of the opinion that failure of Ops 1&2 to redress the grievance of complainant amounts to deficiency in service on their part,therefore,it would meet the ends of justice, in case complainant would be repaid cost of handset, but on scanning the case file, it came to fore that handset was purchased by the complainant, on 06-02-2017,whereas,complainant for the first time approached OP2, with the complaint, on,12-10-2017,i.e.after making use of handset  for about eight months. It is a matter of common knowledge that electronic items, particularly electronic gadgets like in hand, after some time are sold on reduced price. Likewise, complainant used handset for three months, definitely its present value can by no stretch of imagination, still would be Rs.59,000/-,therefore, we proposed to settle complaint for sum of Rs.49,000/-,inclusive  all heads.

                In the afore quoted back drop, complaint is allowed and Ops 1&2 are directed to refund consolidated sum of Rs.49000/-to complainant, who shall return the defective handset alongwith accessories to Ops 1&2.The Ops 1&2 shall comply the order, within one month, from the date of receipt of this order. Copy of this order be provided to both the parties, as per requirement of the Act. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

    Order per President                                              Khalil Choudhary

Announced                                                        (Distt.& Sessions Judge)

08-03-2018                                                           President

Agreed by                                                         District Consumer Forum

                                                                                 Jammu.

Ms.Vijay Angral          

Member

                                                                                               

       Mr.Ghulam Sarwar Chauhan

       Member