West Bengal

Birbhum

CC/99/2021

Rajesh Ali - Complainant(s)

Versus

The proprietor, Electrovision - Opp.Party(s)

Nurul Alam

16 May 2023

ORDER

Smt. Saswati Saha- Member.

            The case has been filed by the complaint Under Section 12 of the Consumer Protection Act, 1986.

            The fact of this case in brief is that, the complainant being a resident under the jurisdiction of this District Forum/Commission alleged that he has purchased a mobile phone from the OP No. 1, Electrovision running its business for selling electronic goods under the jurisdiction of this Commission.

            Since the last week of September 2021 the said mobile was not functioning properly as it gets switched off and switched on automatically from time to time moreover the mobile set was found sometimes hanged without any reason.

            The complainant had been to the shop of Electrovision towards the last-week of September, 2021 but he was advised to go to the service centre of Samsung mobile at Suri, Dist. Birbhum i.e. OP No. 3.

            The Samsung mobile service centre at Suri, Birbhum repaired the said mobile set free of cost, during the 1^st week of October, 2021 by uploading software but the same was not found to be effective.

            On 10/10/2021 the service centre of Samsung mobile at Suri, Birbhum on the OP No. 3 expressed their inability to repair the mobile set free of cost and demanded Rs. 4300.00 for repairing but at the same time the OP No. 3 stated that the repairing might not be effective which tantamounts to unfair trade practice as the warranty period of the mobile set had not been expired, till that time.

           

 

 

 

 

The complainant sent legal notice upon the OP No.1, the proprietor, Electrovision and OP No. 2 the Manager Samsung India Electronics Pvt. Ltd. under speed post on 27/10/2021 and thereafter OP No. 3 Samsung service centre, Suri made contact with the complainant over phone and as per their request complainant sent photo copy of the said mobile set on 29/10/2021 but nothing was done by the opposite parties to redress the grief of the complainant.

            The complainant had to repair the mobile set at the cost of Rs. 4660/- (Four thousand six hundred sixty only) for the interest of his profession, from Samsung service centre at Suri, Birbhum.

            The cause of action for the case arose on and from last week of September 2021.

            Hence, the case is filed by the complainant with a prayer to pass an order directing the OP members for giving:

1. Rs. 4660/- (Four thousand six hundred sixty only) for repairing cost of Mobile Set. 
2. Rs. 10,000/- (Ten thousand only) for harassment cost and mental agony.
3.  Litigation cost.
4.  Any of the relief/reliefs as the court think fit and proper.

In view of the above stated facts and circumstances following issues are framed.

Issues

1. Has the complainant any cause of action to file this case?
2. Is the complainant a consumer within the ambit of C.P Act 2019?
3. Is there any deficiency of service on the part of the OP?
4. Is the complainant entitled to get the relief as prayed for?
5. To what other relief or reliefs is the complainant entitled to get?

Decision with reason.

All these issues are taken up together for convenience of discussions and to avoid unnecessary repetitions.

It is the claim of the complainant that he purchased a Samsung Mobile Set (SM- M317F/DS, Blue, INS) with cash payment of Rs. 19,499/- (Ninety thousand four hundred ninety nine only) from OP No. 1, the Electro vision, N.S. Road, P.O and P.S. Suri, Birbhum and the said mobile set was found disfunctionig within the warranty period OP No 3, Samsung Mobile Service Centre, Lalkuthipara, P.O and P.S. Suri, Birbhum repaired the disfunctioning mobile set but the repairing was not effective.           OP No. 2, the Manager Samsung India Electronics Pvt. Ltd, being the higher authority of OP Nos. 1 and 3 did not pay any heed to the legal notice sent by the complainant on 27/10/2021.

 

 

 

 

 

Further, the complainant went to the Samsung Service Centre, OP No. 3 for the repairing of said mobile set for the interest of his profession OP No. 3 repaired the same with a cost of Rs. 4660/- (Four thousand six hundred sixty only) though the warranty period of the said mobile set was not ended on that date of repairing by OP No. 3.

The complainant gives evidence in support of his case as P.W. 1.

The case run exparte against OP No. 1 on 12/04/2022, OP No. 3 on 18/05/2022 and OP No. 2 on 08/09/2022.

From the unchallenged evidence of P.W. 1 it is proved that the complainant purchased the Samsung mobile set from OP No. 1 and the same was found disfunctioning. According to the direction Op No. 1 complainant went to OP No. 3 but got no remedy. Later a legal notice was sent to OP No. 1 and OP No. 2 by the complainant regarding the disfunctionig of his mobile set on 27/10/2021 by speed post but the OP members did not pay any heed to the complainant’s problem regarding the mobile set which caused harassment and mental agony to the complainant.

            The complainant had to spend Rs. 4660/- (Four thousand six hundred sixty only) during warranty period still did not get any relief.

            I did not finding any reason to disbelieve the unchallenged testimony of the complainant.

            Hence, this Commission is of view that the complainant could be able to prove his case beyond reasonable doubt in exparte and is entitled to get the relief as prayed for.

            The case is properly stamped.

Hence, it is

                    O R D E R E D,

   that the instant C.C. Case No. 99/2021 be and same is allowed exparte

against the three OP members.

            The OP members are directed to pay jointly or severally a sum of Rs. 4,660/- (Four thousand six hundred sixty only) to the complainant along with interest @ 9% p.a. calculating from 17/12/2021 to till realization.

The OP members are also directed to pay jointly or severely a sum of Rs. 8,000/- (Eight thousand only) as against harassment and mental agony to the complainant.

The OP members are also directed to pay jointly or severely a sum of Rs. 10,000/- (Ten thousand only) towards litigation cost to the complainant.

 

 

 

 

 

 

The entire decree will be complied by the OP members jointly/severally within 45 (Forty five) days form this date of order.

In default the complainant will also be at liberty to execute the decree as per law.

The instant case is thus disposed of.

Let a copy of this order be given/handed over to the parties to this case free of cost.