Dtd.21.01.2023                                            A/11/2016

O R D E R

            BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.15 of CPA 1986 by OP.1/Appellant aggrieved by the order dtd.27.11.2015 passed in CC/7/2015 on the file of Haveri District Forum.
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard.
3. The Complainant raised consumer complaint U/s.12 of CPA 1986 alleging rendering deficiency in service as he has purchased Samsung Galaxy Grand-2 mobile on 19.11.2014 from OP.2. The model number is SMG-7102 and OP.1 is the manufacturer of the said mobile as alleged by the Complainant. Learned counsel for OP.1/Appellant submits that, Complainant in his complaint has stated that on 09.12.2014 when he was in Bengaluru, the said mobile fell down from his pocket and got damaged. Soon after this incident, he went to authorised Samsung service centre in Bengaluru situated at #183/Y, 1^st floor, 12^th main, Rajajinagar, Bengaluru-10 and the said authorised service centre after inspection gave certificate certifying “while during entry level service/ELS found the PBA crack near the charging section and the touch pad is local”. Further submits that, in para 5 of his complaint has stated that, he come to the conclusion that the OP.2 played a fraud by selling the defective Samsung Galaxy Grand-2 mobile phone to him and in this regard, learned counsel submits that as per warranty condition clause 7 as per Annexure-3/warranty card “In case of any damage to the product/misuse detected by the Authorised service center personnel, the warranty conditions are not applicable and repairs will be done subject to availability of parts and on a chargeable basis only” and further he submits that as per Ex-R3 dtd.15.01.2015 OP.1 replied to one Mr.Mruthyunjaya H Kayakad, Advocate for Complainant that “It is suspected, parts were tampered from new handset prior reporting the problem at our service centre end and in such circumstances all necessary repairs will be carried out only on chargeable basis as per the warranty terms and conditions.” Thus, these facts established from enquiry that ‘Defect Description’ found from ‘acknowledgement of service request’  as ‘Tampered, local touch panel and display back KYE not working’ and as per clause 7 “In case of any damage to the product/misuse detected by the Authorised service center personnel, the warranty conditions are not applicable and repairs will be done subject to availability of parts and on a chargeable basis only.” In our view were not being properly considered by the Forum below while holding OP.1 also jointly liable to replace the said mobile with new original Samsung Galaxy Grand-2 mobile, model no.SMG-7102 or to refund the amount of Rs.16500/-. In fact, the Forum below found all these facts alleged by the Complainant and replied by OP.1, however wrongly recorded the findings in so far as OP.1/manufacturer is concerned. In such circumstances, in our view, impugned order needs some modification. Hence, Commission proceed to allow the appeal, consequently set aside the order dtd.27.11.2015 passed in CC/7/2015 on the file of Haveri DF in so far as OP.1/Appellant is concerned and directed OP.2/R.2 to refund Rs.16,500/- along with interest at 6% p.a. from the date of complaint till realisation subject to handover of mobile purchased from him and do pay Rs.5,000/- as compensation and Rs.2,000/- as litigation cost.
4. The amount in deposit is directed to be returned to Appellant with proper identification by their advocate.   
5. Return the LCR to the District Commission.
6. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

*NS*