DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.51/2015

Sh. Mumukshu Dalal

S/o Sh. C. R. Dalal

R/o Qtr No.-167, Pratap Chowk

Delhi Cantt.                                                                   ….Complainant

Versus

1.       Star Mobitel Ltd.

          G-26, South Extension Part-I

          New Delhi-110049

2.       Samsung India Electronic Pvt. Ltd.

          having its head office at:

          2^nd, 3^rd & 4^th Floor, Tower C

          Vipul Tech Square, Golf Course Road,

          Sector-43, Gurgaon-122002                        ……Opposite Parties

                                                          Date of Institution          : 23.02.15                                                            Date of Order        :    .04.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member

Sh. S. S. Fonia, Member

O R D E R

S. S. Fonia, Member

Briefly stated, the case of the Complainant is that he had purchased a Samsung mobile phone viz. “Samsung Galaxy G7102 Black G” for a sum of Rs.22,500/-  from OP No.1 manufactured by OP No.2 alongwith NCASE Protector & Extended Warranty. Complainant paid Rs.23,500/- to OP No.1 acknowledged vide invoice No. SM-3833 dated 11.02.14 with warranty/ guarantee (copy of invoice is annexure-A1). The Complainant states that within 6 months of its purchase the instrument all of sudden went totally blank and defective.   Accordingly, he contacted OP No.1 who advised him to take the instrument to authorized service centre of OP No.2 i.e. Orien Telecom Services, CB-217, Ring Road, Naraina, New Delhi. After registering his complaint with the customer care of aforesaid service centre of OP No.2, his mobile phone was collected from his house with advised to take back the item after two weeks.  Thereafter the Complainant is said to have approached the service centre of OP No.2 on many times.  In the month of October, 2014 he was informed by  said service centre that the mobile is irreparable and they can pay either Rs.4,000/- or collect the handset as it is (copy of Job card dated 14.08.14 is Annexure A-2). Subsequently, when the Complainant again approached the service centre of OP No.2 he found that the service centre is no more exist at the aforesaid location and their whereabouts is unknown. This made the Complainant to approach OP No.1 who advised him to talk to one Mr. Akhlesh Tiwari who assured him for doing the needful. After few days Mr. Akhlesh managed to trace out the mobile handset and asked the Complainant to collect the same from his shop. The Complainant was promised by OP No.1 that he will talk to OP No.2 and new handset of same model will be provided to him but of no avail. The Complainant further states that when he went to  collect the mobile handset he was shocked to see the condition of the same as totally broken and without battery and back cover. (The copies of the photographs are Annexure A-3C). The Complainant despite running from pillar to post could neither get his handset repaired nor a new handset was given to him. Pointing out deficiency of service, the Complainant has invoked the jurisdiction of this Forum with the following prayers:-

1. Direct the OPs to refund the paid amount of Rs.23,500/- to the Complainant alongwith interest @ 18% per annum.
2. Direct the OPs to pay Rs.30,000/- as damages/compensation  to the Complainant for providing deficient services and causing mental agony and suffering caused to the Complainant.
3. Direct the OPs to pay Rs.10,000/- towards litigation expenses incurred by the Complainant.

OPs have been proceeded exparte vide order dated 22.05.15.

Complainant has filed evidence by way of affidavit and relied upon Ex.CW-1/1, Ex.CW-1/1A, Ex.CW-1/2 & Ex.CW-1/3.

 We have heard the arguments of the Complainant and carefully examined the material placed before us.

Indisputably the Complainant has purchased a Samsung Galaxy G7102 Black G mobile phone against payment of Rs.22,500/- towards the cost of the item, NCASE Protector G7102 for Rs.450/- and Extended Warranty of Rs.1,399/- vide cash memo dated 11.02.14 (Copy Ex. CW-1/1).  The warranty was valid upto 11.02.16 but the handset became defective within just 6 months of its purchase as evident from the Job Card dated 24.08.14 of Service Centre of OP No.2 (Copy Ex.CW-1/2).  Neither the OP No.1 nor OP No.2 chose to contest the case of the Complainant nor they made any effort to repair the handset in terms of the contract of warranty. Averments made in the complaint and evidence led by the Complainant have remained unrebutted and unchallenged. Hence, there is no reason to disbelieve the version of the Complainant. Accordingly, we allow the complaint and direct the OPs jointly and severally to refund the cost of the handset i.e. Rs.22,500/- and Rs.20,000/- towards mental agony and harassment undergone by the Complainant including cost of litigation.

 The order shall be complied within 30 days of receipt of this order failing which OPs shall become liable to pay interest 6% per annum from the date of filing of the complaint till its realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

(S. S. Fonia)                                                                        (Naina Bakshi)                                                                                 (N. K. Goel)

Member                                                                                  Member                                                                                         President

Announced on   .04.16.