IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday, the 30th day of September, 2016
Filed on 21.04.2016.
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
CC/No. 147/2016
Between
Complainant: Opposite parties:
Sri. Sunil Kumar . K. S 1. Samsung India Electronic Pvt.Ltd
Koolipurakkal House A-25, Ground Floor, Front Tower
Thottuvathala P.O Mohan co-operative, Industrial Estate
Kainakari New Delhi- 110 044
Alappuzha- 688 501 (Adv. I.B. Suseel)
2. QRS Retail Limited
Xxvi/1338-CCSB Road
Near Iron Bridge
Alappuzha-688 001
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complainant purchased a mobile phone from the 2nd opposite party manufactured by the 1st opposite party on 15-06-2015 for an amount of Rs. 18,900/-. The product has 1 year warranty. On 20-04-2016 the product became defective and the complainant approached the authorized service center of the 1st opposite party, but the product has not been repaired. The complainant could not use the phone and sustained much mental agony and hence filed this complaint.
2. Opposite parties appeared before the Forum and filed version. Version of the 1st opposite party is as follows:-
The complaint is not maintainable. The Forum has no territorial jurisdiction to entertain the complaint. The complainant has never brought the phone to any authorized service center of the 1st opposite party. If any complaint arises the costumer has to show the product at the authorized service center or the costumer should register a complaint. In this case none of these has beend one instead the complainant has jumped into conclusion and filed this complaint. The complainant has not suffered any hardships and the complainant as not entitled to get any compensation. So the complaint may be dismissed.
3. The version of the 2nd opposite party is as follows:-
They are only the dealer of 1st opposite party and the 1st opposite party is responsible to repair the product and hence 2nd opposite party may be exempted.
4. The complainant was examined as PW1 and document Ext-A1 was marked. The compliant produced the phone before the Forum which was marked as Ext MO1.
5. Considering the allegation of the parties, this Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the part of the opposite parties?
2) Whether the complainant is entitled to get any relief as prayed for?
6. Issues 1&2:- The case of the complainant is that he purchased a mobile phone from the 2nd opposite party manufactured by the 1st opposite party on 15-06-2015 for an amount of Rs.18,900/-. The product has 1 year warranty. During the warranty period the product became defective and the complainant approached the authorized service center of the 1st opposite party, but the product has not been repaired. The complainant could not use the phone and sustained much mental agony and inconvenience hence filed this complaint.
7. The complainant was examined as PW1 and documents Ext A1 was marked. The complainant produced the phone before the Forum which has marked as Ext MO1 from Ext A1 it is clear that the complainant purchased a mobile phone on 15-06-2015 and the product became defective during the warranty period. The Complainant produced the phone before the Forum. Ace to the complainant it is not working and the complainant could not use the phone.
8. From the document it is clear that the product became defective during the warranty period. So the opposite parties are liable to rectify the defect of product free of cost. Since the opposite parties failed to rectify the defect even after getting an intimation amounts to deficiency in service. The complainant is entitled to get it repaired free of cost. The opposite parties are the jointly and severally liable for the same. So the complaint is allowed.
In the result the complaint is allowed. The opposite parties are directed to rectify the defects of the mobile phone free of cost. The opposite parties are further directed to pay an amount of Rs.1000/- (Thousand only) towards cost of the proceedings. The order shall be complied within one month from the date of the receipt of this order, failing which the opposite parties are directed to replace the mobile phone with a new one of the same model/price on compliance of the order the opposite parties can collect the mobile phone from the office of the Forum.
Pronounced in Open Forum on this day of 30th day of September, 2016
Sd/-Smt. Jasmine D (Member)
Sd/-Smt. Elizabeth George (President)
Sd/-Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Sunilkumar.K.S
Ext. A1 - Retail Invoice Dtd. 15-06-2015
MO1 - Mobile phone
Evidence of the opposite parties:- Nil
-//True copy//-
By Order
Senior Superintendent
To
Complainant/Opposite parties/SF
Typed by: Br/-
Comped . by:-
