District Consumer Disputes Redressal Forum, Tarn Taran (Punjab).

Consumer Complaint No.18/2015

Date of Institution: 05-03-2015

Date of Decision: 15-06-2015

Hardeep Singh son of Amrik Singh, resident of Dhilon Wali Gali, Bath Road, Bye Pass, Tarn Taran, Tehsil & District Tarn Taran.

                                                                   …Complainant

Versus

1. Singh Telecom, Chowk Char Khamba, G.T.Road, Tarn Taran through its proprietor.
2. Samsung Service Centre, Opposite Janta Palace, Amritsar Road, Tarn Taran through its Manager.
3. Samsung India Electronics Private Limited, A-25, Ground Floor, Front Tower, Mohan Cooperative Industrial Estate, New Delhi-110044 through its M.D.

…Opposite Parties

          Complaint Under Section 12  & 13 Consumer Protection Act.

Present:  Sh.Guriqbal Singh, Advocate, counsel for the complainant.

   Opposite Parties No.1 & 2 Exparte vide order dated 29.4.2015.

             Sh.G.S.Pannu, Advocate, counsel for Opposite Party No.3.   

Quorum:     Sh. J.S.Khushdil,  President.

Sh. R.D. Sharma, Member.

Smt.Jaswinder Kaur Dolly, Member

(Sh.J,S.Khushdil, President)

1. The complainant Hardeep Singh has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (herein-after called as  ‘the Act’) against Opposite Parties, supported by various documents levelling allegations of deficiency of service on the part of the opposite parties, with the directions to the opposite parties to refund the price of the mobile set i.e. Rs.5100/- alongwith interest @ 9% per annum from the date of its purchase,  Rs.10,000/- as compensation besides Rs.10,000/- as costs of litigation.
2. Notice of the complaint was given to the Opposite Parties. Opposite Parties No.1 and 2 did not appear despite of valid service and resultantly, Opposite Parties  No.1 and 2 were proceeded against exparte vide order dated 29.04.2015 of this Fora. However, this complaint was contested by Opposite Party No.3-Samsung India Electronics Private Limited, A-25, Ground Floor, Front Tower, Mohan Cooperative Industrial Estate, New Delhi-110044 through its M.D (herein-after called as ‘Samsung India Electronics Private Limited’), in which the allegations levelled by the complainant were denied  and dismissal of the complainant was prayed for.
3. Complainant closed his evidence by tendering his duly sworn affidavit Ex.C1, copy of bill Ex.C2, postal receipt Ex.C3 and copy of legal notice Ex.C4.
4. Today the case was fixed for remaining evidence of the complainant. Ld.counsel for the complainant vide his separate statement has closed the remaining evidence of the complainant. At this stage, ld.counsel for the complainant as well as Opposite Party No.3-Samsung India Electronics Private Limited showed inclination for compromise the matter in dispute. In this regard, Sh.G.S.Pannu, Advocate ld.counsel for Opposite Party No.3-Samsung India Electronics Private Limited, recorded his statement in which it was stated that the Opposite Party No.3-Samsung India Electronics Private Limited, New Delhi is ready to refund the amount of Rs.5100/- i.e. price of the mobile set in question only, to the complainant against the receipt of old mobile set and the complainant be asked to hand over the old mobile set. This offer of Opposite Party No.3-Samsung India Electronics Private Limited was accepted by Sh.Guriqbal Singh, Advocate, ld.counsel for the complainant, however he has further requested for payment of reasonable compensation/ costs of litigation.
5. This Forum has considered the matter accordingly. The dispute has amicably been settled by both the parties. Opposite Party No.3-Samsung India Electronics Private Limited is ready to refund the amount of Rs.5100/- i.e. the price of the mobile set in question on receipt of old mobile set.  However, simple request of ld.counsel for the complainant remains that some reasonable compensation/ costs of litigation be awarded to the complainant who has undergone mental agony and has also incurred expenses in prosecuting his complaint.
6. Perusal of the documents placed on record, show that the complainant has filed the present complaint on 5.3.2015 alongwith his duly sworn affidavit and supporting documents, by hiring counsel.  Prior to that, the complainant had issued legal notice to the Opposite Parties  through his counsel and also approached Opposite Parties  on various occasions  to get relief at pre litigative stage.
7. Thus, considering all the facts and documents placed on record, we are of the view that a sum of Rs.1500/- be awarded to the complainant as consolidated amount towards compensation as well as litigation expenses.
8. Consequently, this complaint is disposed of being compromised/ satisfied, with the directions to Opposite Party No.3-Samsung India Electronics Private Limited to pay Rs.5,100/- i.e. the costs of the mobile set in question to the complainant on receipt of the old mobile set. The complainant is directed to hand over the mobile set in question  to Opposite Party No.2 i.e. authorized Samsung Service Centre at Tarn Taran of Opposite Party No.3-Samsung India Electronics Private Limited,  within 7 days from the date of receipt of copy of this order. Opposite Party No.3-Samsung India Electronics Private Limited is further directed  to pay Rs.1,500/- to the complainant as consolidated amount towards compensation as well as litigation expenses. Compliance of this order be made by the Opposite Party No.3-Samsung India Electronics Private Limited, within 30 days from the date of receipt of copy of this order, failing which the Opposite Party No.3-Samsung India Electronics Private Limited would be liable to pay interest @ 9% per annum on the amount of Rs.5,100/-  from the date of filing of the present complaint. Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room. 

                                                                     (J.S.Khushdil)

     President

                                                (Jaswinder Kaur)     (R.D.Sharma)

  Member               Member

Announced in open Forum.

Dated: 15.06.2015.