Punjab

Rupnagar

CC/17/13

Dilbag Singh - Complainant(s)

Versus

Singh Walian Di Hatti & Another - Opp.Party(s)

Sh. Harminder Singh, Adv.

17 Jul 2017

ORDER

BEFORE THE DISTT. CONSUMER DISPUTES REDRESSAL FORUM, ROPAR

                                 Consumer Complaint No. :  13 of 06.03.2017

                                 Date of decision                    :      17.07.2017

 

Dilbagh Singh, son of Amar Chand, resident of Ghanauli, Tehsil & District Rupnagar  

                                                                 ......Complainant

                                             Versus

1. Singh Walian Di Hatti, Near Indian Bank, Kalngidhar Market, Rupnagar through its Proprietor 

2. Samsung India Electronics Private Limited, registered office, A -25,Ground Floor, Front Tower, Mohan Cooperative Industrial Estate, New Delhi-110044, through Proprietor                                                                                                                      ....Opposite Parties

                                   Complaint under Section 12 of the                                                      Consumer Protection Act, 1986

QUORUM

 

                        MRS. NEENA SANDHU, PRESIDENT

                        SMT. SHAVINDER KAUR, MEMBER

 

ARGUED BY

 

Sh.Harminder Singh, Advocate, counsel for complainant 

O.P. No.1 ex-parte

Sh. Chetan Kumar Gupta, Adv. counsel for O.P. No.2

 

ORDER

                                  MRS. NEENA SANDHU, PRESIDENT

Sh. Dilbagh Singh through his counsel has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘the O.Ps.’) praying for the following reliefs:-

i)       To replace the mobile set in question with a new one and to pay compensation on account of mental agony and physical harassment suffered by him.

 

2.                The brief facts of the case are that on 28.07.2016, the complainant purchased a mobile set, model Galaxy J-2, having IMEI No.352349083641089, battery No.YA2H60815/2-B and charger No.R37HSQ26JK15C3 manufactured by Samsung India Electronics Private Limited i.e. O.P. No.2 from O.P. No.1 for Rs.7600/- vide bill No.20770, having warranty of one year. After one month of its purchase, it stopped working and complainant had taken the said mobile to O.P. No.1 for its repair. The O.P. No.1 asked the complainant to leave his mobile set with it for its repair and to come after some days. The complainant at the time of handing over his mobile set told the O.P. No.1 that his mobile set has gone dead and as per warranty, it should replace the same with the new one. After about ten days, he had gone to O.P. No.1 to take his mobile set, it handed over him the unrepaired mobile set and told that the officials of the company will come tomorrow and he shall bring his mobile set tomorrow for its checkup. On next day, he went to the shop of the O.P. No.1, its proprietor told him that officials of the company will not come today and they will come after a week. Thereafter, he went to the O.P. No.1 several times but O.Ps did nothing. Hence, this complaint.

3.                On being put to the notice, the learned counsel for the O.P No.2 have filed written version taking preliminary objections that  the complaint is baseless, devoid of any merits whatsoever and without any cause of action whatsoever against the answering O.P.; that this Hon'ble Forum have not territorial jurisdiction to entertain and adjudicate the present complaint; that the complainant has not approached this Hon'ble Forum with clean hands; that the present complaint is without any just or reasonable basis, an abuse of the process of law, misuse of machinery provided for redressal of genuine grievances. On merits, it is stated that answering O.P. provides one year warranty on the unit. The warranty of the unit is subject to some terms and conditions and the warranty becomes void in the following conditions:-

                   1. Liquid Logged/water logging

                   2. Physically Damage

                   3. Serial No. Missing

                   4. Tampering

                   5. Mishandling/Burnt etc.  

                   It is further stated that the answering O.P. has a system to lodge a complaint online but as per details, no complaint has been found registered with the answering O.P. with regard to the unit of the complainant. The answering O.P. is a renowned company and has established a no. of service centers across the country to provide after sale services to its customers and if there is any problem, the customers may approach any of its service center, but the complainant instead of doing so has filed the present complaint. The answering O.P. was and is still ready to repair the unit as per warranty policy, so there is no deficiency in service on the part of the answering O.P. Rest of the allegations made in the complaint have been denied and prayer has been made dismissal thereof.

4.                On being put to notice, none appeared on behalf O.P. No.1, accordingly, it was proceeded against ex-parte vide order dated 24.04.2017.

5.                On being called upon to do so, the learned counsel for the complainant has tendered affidavit of complainant Ex.CW1/A and copy of bill dated 28.7.2016 Ex.C1 and closed the evidence. The learned counsel for the O.P. No.2 has tendered into evidence reply of the complaint Ex.OP2/1, affidavit Ex.OP2/2, Warranty Card Ex.OP2/3 and conditions consisting 9 pages Ex.OP2/4 and closed the evidence.

6.                We have heard the learned counsel for the contesting parties and have     gone through the record of the file, carefully.

7.                          From the invoice dated 28.07.2016, Ex.C1, it is evident that the           complainant purchased the mobile set in question from O.P. No.1 manufactured by O.P. No.2 for a sum of Rs.7600/-. The plea of the   complainant is that the mobile set in question got defective after one     month of its purchase and he handed over the same to the O.P. No.1   for its repair but it returned him back unrepaired. However, to prove           the said fact, the complainant has not placed on record any document,     thus, in the absence of any documentary evidence, the aforesaid plea           of      the complainant is not sustainable and as such, complaint filed qua      O.P. No.1 is liable to be dismissed. The learned counsel for the O.P.    No.2 has submitted that the O.P No.2 is still ready to repair the mobile          set in           question as per terms and conditions of the warranty, provided complainant hand over the same to its authorized service centre, situated       at Ropar. Taking this fact into consideration, we are of the view that the           complainant shall hand over mobile set in question for its repair to the           authorized service centre of O.P. No.2, situated at Ropar.

 

          In view of the aforesaid discussion, we dismiss the complaint         against O.P. No.1 and dispose of the same against O.P. No.2, with a          direction to it to give instructions to its authorized service centre, Ropar,      to repair the mobile set in question, free of cost, as per terms and      conditions of warranty within the period of 15 days from the date of         receipt of mobile set in question from the complainant. The    complainant is also directed to hand over the mobile set in question to     the authorized service centre of the O.P. No.2, situated at Ropar, within        the period of 10 days from the date of receipt of the certified copy of this order.

8.                The certified copies of this order be supplied to the parties    forthwith, free of costs, as permissible under the rules and the file be     indexed and consigned to Record Room.

 

          ANNOUNCED                                                                       (NEENA SANDHU)

          Dated .17.07.2017                                                PRESIDENT

 

 

                                                           (SHAVINDER KAUR)

                                                                              MEMBER