This is a case u/s. 12 of Consumer Protection Act, filed by the complainant Moumita Chakraborty against the O.P. Samsung India Electronics Private Limited over finding defective Mobile after purchase.

It has been complained by the complainant Moumita Chakraborty that she purchased Samsung Galaxy A30(black) mobile phone bearing no. IMEI no. 354872105557635 manufactured by the O.P Samsung India Electronics Pvt. Limited . The complainant has purchased the said mobile phone from the O.P. Sagarika Plus being the authorized agent and seller of Samsung India Electronics Pvt. Ltd. on 2.4.2019 with warranty of one year at Rs.17,000/-. But after 10/12 days of use of the said mobile phone charging problem was seen by  the complainant. On 2.5.2019 the complainant went to O.P. no.3 Sagarika Plus.  As per their direction the complainant took the mobile phone to the facility of O.P. no.1 the Proprietor/Manager J.P. Communications and at the facility of O.P no.1 the Proprietor/Manager J.P. Communications, Authorized Samsung Service Centre, for necessary repairs over charging problems and asked the complainant to check after a week. The mobile phone under reference is lying at the facility centre of the O.P. no.1 since 2.5.2019. The O.P no.1 the Proprietor/Manager J.P. Communications called the complainant on 3.5.2019 and then the complainant went to the said O.P but it was found that necessary  repairs were not done on mobile phone. Rather they gave an estimate of Rs.10,428/- . They have demanded the charge beyond warranty. 

            The O.P no.2 stated about the problem of the said mobile set and has prayed for replacement of the same.  But they did not replace the same for which they have come before this Forum.

            The O.P. no.2 Samsung India Electronics Pvt. Ltd.  appears and has fairly submitted `that it is ready to replace the said mobile handset with a new model and specification but in case of non-availability of new mobile set then full refund of invoice value will be made towards full and final settlement in order to settle the instant case.

            Having regard to the pleading  of the ld. Counsel this Forum is of unanimous view with the ld. Counsel for the Samsung India Electronics Pvt. Ltd. that they want to replace the defective mobile with new mobile set above the value than value of purchase by complainant.  But in case of non-availability of new Mobile set of the said Model the O.P Samsung India Electronics Pvt. Ltd in order to keep their international market and name and  fame will supply higher version and updated model value than the value of the mobile purchased by the complainant with all its accessories.  Such mobile set along with

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accessories be handed  over to the Ld. Advocate appearing on its behalf for handing over the same to Miss Swapna Kar, ld. Counsel for the complainant against proper receipt. Then the complainant shall receive from her counsel against receipt hereof . Such order shall be complied with within one month from the date hereof. But it is clarified that O.P. shall take up all the  matters relating to papers with Proprietor/Manager J.P. Communications and the O.P Sagarika Plus. . Such order shall be complied with within one month from the date hereof.  In the event of failure to comply the order the O.P Samsung India Electronics Pvt. Ltd. shall be liable to pay interest @ 9% per annum from the date of filing the complaint till the date of realization. The complainant will be at liberty to file a case u/s. 27 of the Consumer Protection Regulation Act  and file case  u/s. 25 of the Consumer Protection Regulation Ac against the O.Ps. Such fair submission from the end of the Samsung India Electronics Pvt. Ltd. is highly appreciated by this Forum.  The application filed by the O.P lno.2 is thus allowed.  If the O.P nos. 1 and 3 do not cooperate the O.P. Samsung India Electronics Pvt. Ltd.  the ld. Counsel for O.P no.2 can take legal action against them and will cooperate with other O.P in this regard and no such hazards be borne by the complainant.

            The case is thus disposed of. Plain copy of order be handed over to Ld. Counsels of respective parties at free of cost enabling them to comply with order.