| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR. Consumer Complaint No.137-14 Date of Institution:13-03-2014 Date of Decision:06-04-2015 Rajeev Rampal son of Sh.Tilak Raj, D7/3851, Adarash Nagar, Islamabad, Amritsar. Complainant Versus - Shivani Service Center/ Samsung Mobile Care, Gali No.5, Bank Wali Gali, Batala Road, Amritsar.
- M/s.Samsung India Limited, 6th-8th Floors, IFCI Towers, 61, Nehru Place, New Delhi.
Opposite Parties Complaint under section 12 & 13 of the Consumer Protection Act, 1986. Present: For the Complainant: Sh.S.K.Vyas, Advocate. For the Opposite Parties: Ms.Preety Mahajan, Advocate. Quorum: Sh.Bhupinder Singh, President Ms.Kulwant Kaur Bajwa, Member Mr.Anoop Sharma, Member Order dictated by: Sh.Bhupinder Singh, President. - Present complaint has been filed by Sh.Rajiv Rampal under the provisions of the Consumer Protection Act alleging therein that he purchased Samsung Galaxy Duol 7562 Mobile Set for a sum of Rs.12,500/- vide bill No. 4943 dated 11.3.2013 from Opposite Party No.1 and Opposite Party No.1 assured that said Mobile Set is equipped with all necessary software and best technology. Complainant alleges that after some time of purchase of the said Mobile Set, it started showing numerous defects with regard to network and battery charging and the software installed in the said Mobile Set was getting corrupt. The complainant approached Opposite Party No.1 with the request to rectify the said defect, but Opposite Party No.1 directed the complainant to approach Opposite Party No.2 i.e. authorized service centre. The complainant also moved an application with Head Office also. The complainant accordingly approached Opposite Party No.1 for effecting the repair who advised the complainant to deposit the Mobile Set with them and issued service request dated 30.1.2014 and also assured to rectify the defect shortly. After few days, the Mobile Set in question was returned by the Opposite Party No.2 and informed the complainant to install the hardware blant for charging of Rs. 4700/-. The complainant told that the Mobile Set was in warranty period, but Opposite Party never agreed to rectify the same. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to refund the amount of Rs.12,500/- alongwith interest @ 18% per annum. Compensation and litigation expenses were also demanded.
- On notice, Opposite Parties appeared and filed written version in which it was submitted that the obligation of the Opposite Parties under warranty is to set right the Mobile Set by repairing of replacing the defective parts. The performance of the Mobile Set depends upon the handling of the product. The possibility that the Mobile Set has been mishandled and might have fallen while being used by the complainant or his family members can not be ruled out. In the present case, the Mobile Set has been mishandled. When the complainant approached Opposite Party No.1 on 30.1.2014 with problem of charging on inspection by the service engineer it was found that the ‘charging connector was burnt’ due to mishandling or some external reason and thus, the repair was beyond the purview of warranty terms, hence, repair was on chargeable basis. However, as a goodwill gesture and without going into the merits of the present complaint, the Opposite Parties are still ready to render service with regard to the Mobile Set in question. While denying and controverting other allegations, dismissal of complaint was prayed.
- Complainant tendered into evidence his affidavit Ex.C1 alongwith copy of bill Ex.C2 and closed the evidence on behalf of the complainant.
- Opposite Parties tendered into evidence affidavit of Sh.Sriniwas Joshi, Senior Manager Ex.OP1,2/1 and copy of warranty card Ex.OP1,2/2 and closed the evidence on behalf of the Opposite Parties.
- We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
- From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant purchased Samsung Galaxy Duol 7562 Mobile Set for a sum of Rs.12500/- vide bill No. 4943 dated 11.3.2013 Ex.C2 from Amritsar Mobile Centre, Hall Bazar, Amritsar. Complainant submitted that after some time of purchase of the said Mobile Set, it started showing numerous defects with regard to network and battery charging and the software installed in the said Mobile Set was getting corrupt. The complainant approached Opposite Party No.1 vide complaint No. 180030008282 and Samsung Helpline Complaint No. 8460520062 and they advised the complainant to deposit the Mobile Set with them and they issued service request dated 30.1.2014. Opposite Party No.2 returned the Mobile Set in question after repair. The complainant submitted that defects were not removed and the complainant was facing same problem in the Mobile Set in question. The complainant further alleged that he was informed by Opposite Party No.2 to install the hardware blant for charging of Rs. 4700/-. The complainant submitted that the Mobile Set is in warranty and the Opposite Parties can not charge any amount for the repair of the Mobile Set in question, but the Opposite Parties did not agreed to rectify the problem in the Mobile Set in question. Ld.counsel for the complainant submitted that all this amounts to deficiency of service on the part of the opposite parties.
- Whereas the case of the opposite parties is that the Mobile Set has been mishandled by the complainant. The complainant approached Opposite Party No.1 on 30.1.2014 with problem of charging, on inspection by service engineer, it was found that the ‘charging connector was burnt’ due to mishandling or some external reason and thus, the repair was beyond the purview of warranty terms. As such, the complainant was told that the repair was on chargeable basis. However, as a goodwill gesture and without going into the merits of the present complaint, the Opposite Parties are still ready to render service with regard to the Mobile Set in question. However, the complainant has neither alleged any specific irreparable manufacturing defect in the Mobile Set nor the complainant could produce any report of the expert to prove that the Mobile Set in question has manufacturing defect which is beyond repair. Ld.counsel for the opposite parties submitted that there is no deficiency of service on the part of the opposite parties.
- From the entire above discussion, we have come to the conclusion that the Mobile Set of the complainant became defective during the warranty period. He approached Opposite Party No.1 i.e. authorized service centre of Samsung Company with problem of charging. Opposite Parties submitted that on inspection by the service engineer, they found that the ‘charging connector was burnt’ due to mishandling. So, Opposite Parties have told the complainant that repair can be done on chargeable basis. However, Opposite Parties have stated in their written version that as a goodwill gesture and without going into the merits of the present complaint, the Opposite Parties are still ready to render service with regard to the Mobile Set in question.
- Consequently, in the interest of justice, the present complaint is disposed of with the directions to the complainant to produce the Mobile Set in question to Opposite Party No.1 at the earliest and the Opposite Parties are directed to repair the Mobile Set in question and make it fully functional without charging any amount from the complainant, within one month from the date, the Mobile Set in question is handed over by the complainant to Opposite Party No.1. However, keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Dated: 06-04-2015. (Bhupinder Singh) President hrg (Kulwant Kaur Bajwa) (Anoop Sharma) Member Member | |
