BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 58 of 2018 Date of Institution : 8.2.2018
Date of Decision : 29.10.2018.
Vinit Kumar S/o Shri Vijay Kumar, resident of behind Women Polytechnic College, Sirsa, Mobile No.9355328000.
……Complainant.
Versus.
1. The Hadget (actually Gadzet) Zone, behind Anaj Mandi, near Vishal Mega Mart, Fatehabad, Distt. Fatehabad, through its Prop/ owner.
2 A.N. Telecom, 1st Floor, Opposite Service Station, Hissaria Bazar, Sirsa Customer Care/ Service Centre, Samsung Manufacturing Co. through its Incharge.
3. Samsung India Electronics Pvt. Ltd. 2-4 Floor, Tower-C, Vipultech. Square Sector 43, Gurgaon through its MD/ Authorized person.
……..Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. ISSAM SINGH SAGWAL………… MEMBER.
Present: Sh. R.K. Mehta, Advocate for the complainant.
Sh. A.S. Kalra, Advocate for opposite parties No.2 and 3.
Opposite party no.1 exparte.
ORDER
The case of the complainant in brief is that complainant purchased new mobile of Samsung J7 Prime Black for a sum of Rs.16,900/- from opposite party no.1 vide invoice No.1525 dated 17.2.2017 which is manufactured by op no.3 and he was given one year warranty from the date of purchase/ installation of sim. That after purchase of above mobile, the complainant put the same to his use. However after few days of its use, the above mobile developed defects of hanging, heating, battery backup, charging and touch pad working problem. The complainant visited the op no.2 and complained about the same upon which they issued the job sheet dated 18.7.2017 and made some repair in the mobile and stated that now the mobile set is quite OK and now will work properly but inspite of that the problem was not removed permanently. The complainant again approached ops on 24.10.2017 vide job sheet dated 24.10.2017 with complaint about the battery backup, hanging, heating problem and thereafter again on 10.1.2018 with the problem of hanging, heating and display blinking problem but the problem had not been sorted out and complainant continuously faced problems in the mobile set. It is further averred that due to deficiency in service on the part of ops in providing trouble free service during warranty period, the complainant could not enjoy the full benefits of mobile for which he incurred huge amount of Rs.16,900/-. Hence, this complaint.
2. On notice through registered post, opposite party no.1 did not appear and was proceeded against exparte.
3. Opposite parties no.2&3 appeared and filed written statement taking certain preliminary objections regarding cause of action, territorial jurisdiction and suppression of true and material facts. It is submitted that the complainant in regard to complaint regarding his unit approached the service center of answering op company for the first time on 18.7.2017 vide call no.4241076889 and reported hanging, charging problem in his unit. The engineer of the service center checked the unit but no major issue was found and the software of the unit got updated just only to refresh the unit. The updation of software is not a defect, rather it is just only to refresh the unit to get the unit working with more efficiently. The unit become completely OK and the complainant took the delivery of the unit. After that, the complainant again approached the service center on 24.10.2017 and this time reported battery backup low and hang problem. Again the engineer checked the unit and resolved the reported issue by replacement of charging jack of the unit and the unit started working fine. It is further submitted that after that complainant again approached on 10.1.2018 and reported heating, time display blinking problem in his unit. The engineer of the service center checked the unit but no issue/ fault was found in unit. The engineer told the same fact to complainant and also told that the software of the unit be updated just only to refresh the unit. The complainant agreed and accordingly the software of the unit got updated. The unit became completely OK and the complainant took the delivery of unit. After that, the complainant never reported any issue and without any cause of action directly filed the present complaint. It is further submitted that answering op was and is still ready to provide services regarding the unit as per warranty policy, so there is no deficiency on the part of answering op. It is also submitted that present complaint is filed without any expert opinion which will prove that the unit is working properly and merely by the oral version of complainant, it cannot be ascertained that the unit is not working properly and the mobile handset in question is required to be checked by the proper analysis/ test by the appropriate laboratory as per Section 13 (1) (c) of the Consumer Protection Act. Remaining contents of complaint are also denied.
4. The parties then led their respective evidence by way of affidavits and documents. The complainant has produced on record his affidavit Ex.C1 and copies of documents Ex.C2 to Ex.C6. On the other hand, ops no.2 and 3 produced affidavit of Sh. Anup Kumar Mathur Ex.R1 and copies of documents Ex.R2 to Ex.R5.
5. We have heard learned counsel for the parties and have perused the case file carefully.
6. The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has reiterated all the averments made in the complaint and also placed on record copy of retail invoice Ex.C2, copies of job sheets Ex.C3 to Ex.C5 and copy of aadhar card Ex.C6. On the other hand, ops no.2 and 3 have furnished affidavit of Sh. Anup Kumar Mathur Ex.R1, copy of warranty card Ex.R2 and copies of job sheets Ex.R3 to Ex.R5.
7. It is an admitted fact that complainant had purchased a mobile from opposite party no.1 on payment of Rs.16,900/- with a warranty of one year. It is also admitted fact that during the warranty period, the mobile of the complainant was creating problem of hanging, heating, battery backup, charging and touch pad working problem, as a result of which the complainant approached the op no.2 and a job sheet dated 18.7.2017 was issued and same was got repaired. Again the mobile of the complainant was suffering from problem of battery backup, hanging and heating and again on 24.10.2017 a job sheet in this regard was issued. Thereafter, again on 10.1.2018 the complainant approached op no.2 with problem of hanging, heating and display blinking and accordingly a job sheet was issued in this regard. In this way, complainant continued to approach ops no.2 and 3 with the request to get his mobile duly repaired and to make the same defect free. Now, the complainant has filed this complaint with a specific allegation that mobile of the complainant is not working properly and he has made the request to issue directions to the ops to replace the mobile set or to refund the amount of Rs.16,900/- alongwith interest at the rate of 18% per month with compensation of Rs.50,000/-. No doubt, the ops made their best efforts to make the mobile of the complainant defect free and all the times they used to give assurance that mobile will work properly though after sometime mobile was facing same problem due to reason best known to the ops. It is legal obligation of the ops to provide better services to the consumer/ customer if product suffers from some defects during validity of the warranty period. Non providing of services clearly amounts to deficiency in service.
8. In view of the above, we allow the present complaint and direct the opposite parties to carry out necessary repairs in the mobile set of the complainant even by replacing any parts of the mobile and to make it defect free without any costs within 15 days from the date of receipt of mobile set from the complainant. In case mobile of complainant is not repairable, the ops are directed to hand over a new mobile set of the same make and model to the complainant or in the alternate to make refund the price of the mobile in question to the complainant within further period of 15 days. We further direct the ops to pay a sum of Rs.3000/- as composite compensation and litigation expenses to the complainant. All the ops are jointly and severally liable to comply with this order. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:29.10.2018. Member District Consumer Disputes
Redressal Forum, Sirsa.
