1. The brief history of the case of the complainant is that he purchased a Samsung Galaxy Core 29355H vide IMEI No.354799066589028 from Op.1 for Rs.8200/- vide Bill No.186 dt.16.10.2014 but the set after two months of its purchase became hang for which it was handed over to OP.2, who repaired the set then and there without issuing job sheet. It is submitted that during the month of March, 2015 the handset went out of order repeatedly with camera fault with set hang problem and on approach to OP-2, he repaired the set on the same day without issuing job sheet. Again the set was handed over to OP.2 on 07.4.2015 for the problem “When camera on set blank, display hanging when call receive and calling”. The OP.2 this time replaced the camera and issued job sheet dt.07.4.2015. Again the set became hanging and internet slow for which it was repaired by OP.2 vides job sheet dt.14.5.2015. Again the set did not function properly due to same problems for which it was handed over to OP.2 on 30.06.2015 and after repair, the OP.2 returned the set stating that the set is repaired but after 3 days the set shows multiple defects like receiving problem, net slow, set heat and hang problem. The complainant submitted that in spite of repeated problems the ASC could not bring the set into order and as such the set has got manufacturing defect. Thus alleging defect in goods and deficiency in service on the part of the Ops, the complainant has filed this case praying the Forum to direct the Ops to refund Rs.8200/- towards cost of the handset with interest @ 18% p.a. from the date of purchase and to pay Rs.10, 000/- towards compensation and costs to the complainant.
2. The OPs in spite of valid notice neither participated nor preferred to file counter in this case. Hence the case was heard from the complainant and posted for orders on merit. We also perused the documents filed by the complainant in support of his case.
3. The complainant has filed purchase bill bearing No.186 dt.16.10.2014 issued by OP.1 towards sale of Samsung Galaxy Core 29355H IMEI No.354799066589028 for Rs.8200/- to the complainant. Hence sale of above handset by OP.1 which is the product of OP.3 is proved. The case of the complainant is that after 2 months of purchase, the handset started giving defect and hence during March, 2015, he approached the ASC of Ops two times and the said ASC has repaired the set without giving job sheet. Further the complainant has handed over the set to OP.2 on 07.04.15 with camera problem, set black, hang when receive and calling and received the set through job sheet and again on 14.5.2015 for the same problem. This time also after repair the OP.2 has issued job sheet. It is again seen that the complainant has handed over the set to OP.2 on 30.06.2015 for the problems hanging, net slow, call receive and calling problem etc. The OP.2 has repaired the set and also has issued job sheet.
4. In this case, the complainant has filed 3 job sheets issued by the ASC and in spite of repairs, as ascertained the set was not working properly. After the 3rd time repair through job sheet, the complainant has received the set on 04.07.2015 but after three days, the complainant noticed receiving problem, net slow, set heat and hang problems in the handset and hence he approached the Forum seeking refund of cost of the set alleging manufacturing defect.
5. In this case, all the allegations of the complainant remained unchallenged due to non participation of the Ops in this proceeding. When the Ops did not come forward to protect themselves, nobody can protect them. As the allegations of the complainant remained un rebutted, we firmly believe that the set purchased by the complainant is a defective one as it bears inherent manufacturing defect. In spite of such a huge investment as the complainant could not utilize the set, he is certainly entitled to get back the cost of the handset from the OP No.3, the manufacturer with interest @ 12% p.a. from the date of purchase. For the defective product, the complainant has definitely suffered some mental agony and also has filed this case incurring some expenditure for which the complainant is entitled for some compensation and costs and considering the sufferings of the complainant, we feel a sum of Rs.2000/- towards compensation and costs in his favour will meet the ends of justice.
6. Hence ordered that the complaint petition is allowed in part and the OP NO.3 is directed to refund Rs.8200/- towards cost of the handset with interest @ 12% p.a. from 16.10.2014 in lieu of defective set and to pay Rs.2000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order.
(to dict.)