DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 43 OF 2016
Sanjib Kumar Patjoshi ( 44 Years),
S/O: Late Mitrabhanu Patjoshi,
R/O / PO: Rajpur, PS: Brajrajnagar,
Dist: Jharsuguda, Odisha................……..…………..……..………. Complainant.
Versus
- The Chairman, Samsung India,
Head Office At: 35 HUDA Main Market,
Sector-31 Gurgaon-122 001 (Haryana).
- Anil Solutions,
Authorised Service Centre of Samsung,
1st Floor, Dhaniram Business Park, Sarbahal Road,
PO/PS/Dist: Jharsuguda, Odisha.……….......................... Opp. Parties.
Counsel for the Parties:-
For the Complainant Shri S.K.Dash,Adv. & Associates.
For the Opp. Parties Shri K.C.Mohapatra, Adv. & Associates.
Date of Order: 19.12.2016
Present
1. Shri S.L. Behera, President.
2. Shri S.K.Ojha, Member.
Shri S.L. Behera, President: - The complainant’s case in brief is that, he had purchased one mobile handset having model Samsung-G-531(Gold) by paying-₹10,900/- only from Baba Communication, Gandhi Chowk, Brajrajnagar which has extended warranty for one year against inherent defect in the mobile hand set. The complainant found problems in the said mobile hand set after few days of purchase which was repaired by the O.P.No.2 on 13.08.2015 and subsequently repaired on dt.26.12.2015, 02.06.2016 and dt.04.06.2016. Despite repaired four times the problems of mobile hand set are not rectified, hence this case.
After being noticed through this Forum, the O.Ps. appeared before this Forum, filed their written statement. The O.Ps. admitted the fact of purchase of mobile but denied all the allegations. The O.Ps. submitted that they have rectified the problems of said mobile. The Problems of the mobile found that “Set processing slow”, “Automatic application open”, “processing slow”, “Set hang”. All the defects are rectified and software of the said mobile were updated and delivered the mobile in O.K. condition. The problems arises due to hang is not defect of any electronic spares or any parts of the said hand set. There is no any ill intention to harass the complainant the defects are rectified of the complainant and any deficiency in service, the Ops. prayed for dismissal of the case.
Heard the matter in length and on perusal of case record including materials available, it is noted that the complainant has purchased one mobile handset having model Samsung-G-531(Gold) by paying-₹10,900/- on dtd. 31.07.2015. After few days of purchasing the said mobile started processing slow, automatic application open and set becoming hang. The complainant reached to the O.P.No.2 where the O.P.No.2 repaired the same and updated the mobile software and contended that the hand set becomes hang due to huge downloading and running of applications in the mobile which is not defects of the mobile but excessive use of unsupportive applications.
However the mobile was under warranty period the complainant harassed due to not running the mobile in proper manner and the problems could not be rectified till date. The complainant is not able to use the mobile which he has purchased. In such observations the problem should be rectified, hence we allowed the complaint petition with directions to the O.ps. to rectified the problems of the said defected mobile hand set without charging any cost along with pay a sum of Rs.1,000/- ( Rupees one thousand) towards harassment including litigation costs within 30 days from the date of receipt of this order.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 19th of December, 2016, copy of this order shall be communicated to the parties as per Rule.
I Agree.
S.K.Ojha, Member S.L.Behera, President
Dictated and corrected by me.
S.L.Behera, President
