Chandigarh

DF-I

CC/845/2022

AJIT SINGH PANGHAL - Complainant(s)

Versus

SAMSUNG INDIA Electronics PVT. LTD. - Opp.Party(s)

AMIT SIWACH

01 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/845/2022
Date of Institution	:	30.9.2022
Date of Decision	:	1/9/2023

 

Ajit Singh Panghal S/o Rohtash Singh Panghal, resident of H. No.751, 1^st floor, GBS Society Sector 48-A, Chandigarh.

 

… Complainant

V E R S U S

1. Samsung India Electronics Pvt. Ltd. 6^th floor, DLF Centre, Sansad Marg, New Delhi 110001.
2. Pioneer Electronics SCO 319-320, Sector 35-B, Chandigarh through owner cum Manager.
3. Samsung Super tech Engineers plot No.182/28 Industrial Area-I, Chandigarh through owner cum Manager.

.  … Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY		Amit Siwach Advocate for complainant alongwith complainant in person.
		Sh. Devinder Kumar, Advocate for OP No.1.
		OPs No.2&3 exparte.

Per SURESH KUMAR SARDANA, Member

     Briefly stated the complainant purchased a Samsung semi automatic washing machine for Rs.11500/- vide bill Annexure C-1. In the year October 2020 the machine in question stopped working. The complainant made a complaint with the Samsung Care. Accordingly the engineer of the OP No.2  visited the complainant residence and examined the machine and  informed that the washer motor of the machine is damaged and needs replacement. It is alleged that despite the machine in question being within warranty the OPs denied the damage cover under warranty. The complainant made several requests to the OPs to redress his grievance but to no avail. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed

2. The Opposite Party NO.1 in its reply stated that proper service was provided to the complainant, however,  it is averred that the engineer of the service centre duly checked the  machine in question and found that the motor is faulty and the same needed replacement.  The engineer intimated the same to the complainant  and also told that the warranty  of semi-automatic machine is for two years and as such the replacement of the motor shall be chargeable but the complainant refused to pay the charges. However, later on the complainant agreed to pay the charges for replacement of the motor and accordingly the motor was got replaced and is working fine. Thereafter no complaint was reported by the complainant. Hence, there is no deficiency on the part of the OPs.   All other allegations made in the complaint has been denied being wrong.
3. OP No.2&3 did not turn up despite due service, hence vide order dated 2.3.2023 and 9.11.2022 they were proceeded against exparte respectively.
4. No rejoinder filed.
5. Contesting parties led evidence by way of affidavits and documents.
6. We have heard the learned counsel for the contesting parties and gone through the record of the case.
7. The main grievance of the complainant is that the repair charges for the washing machine were illegally charged by the OPs inspite of the fact that the same was under warranty.
8. We have gone through Annexure C-2, which contains owner’ instructions & warranty card for the product.  In clause 4 (post warranty care) it is clearly mentioned that the top loading semi automatic machine (the one purchased by the complainant) shall have 24 months comprehensive warranty and 10 years warranty on motor. Hence, charging Rs.1731/- for the repair of the motor of the washing machine within the warranty period is clear cut deficiency in service and indulgence in unfair trade practice on the part of the OPs. The aforesaid act of the OPs caused immense harassment to the complainant and for that the OPs are liable to compensate the complainant.
9. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-

1. to refund Rs.1731/- to the complainant with interest @9% P.A. from the date of repair i.e. 23.11.2020 till onwards.
2. to pay Rs.5000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.5000/- to the complainant as costs of litigation.

10.      This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
11. Pending miscellaneous application(s), if any, also stands disposed off
12.      Certified copies of this order be sent to the parties free of charge. The file be consigned

			Sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member Sd/-