Sri B.NARAYANAPPA,

     President

1.       The complainant  by name Srinivasa Prasad .V aged 30 years, Mysore city has filed this complaint against the opposite party Samsung Service Centre, represented by its Authorized Signatory, Mysuru praying to direct the opposite party/respondent to replace new mobile instead of defective mobile in case of failure to pay a sum of Rs.27,000/- and damages of Rs.50,000/- with interest at 18% p.a. from the date of filing this complaint till the date of realization.

2.    The brief facts of the case of the complainant  is that the complainant has purchased  a Samsung Mobile A7 (6GB RAM) Duel SIM Slot on 01.11.2018 bearing IMEI No.351578/10/574838/8 and 351579/10/574838/8 for Rs.26,990/- from Siddartha Mobile Care, situated at Yaraganahalli Extension, Rajkumar Road, Mysuru City vide invoice No.2907.  After purchase of the same the opposite party/respondent assured that he will be held responsible for any manufacturing defects and liable to pay the damages.  On 14.07.2019  the said mobile fell down with a short distance from the height of one or two feet and the mobile switched off and display was not shown any icons.  Immediately on 15.07.2019 the complainant handed over the said mobile handset to the opposite party/respondent for exchange of display.  opposite party/respondent assured that he will exchange the display within 24 hours and charged Rs.4,500/-.  The complainant has paid the advance amount of Rs.2,000/- and agreed to pay the balance amount of Rs.2,500/-.  On 16.07.2019 the complainant visited the opposite party/respondent shop and enquired about the mobile, the opposite party/respondent said that still the mobile is under repair and the complainant noticed that the mobile set was not working properly and the body of the mobile was damaged.  The opposite party/respondent did not give proper answer for the same in respect of damages.  It is  further case of the complainant that the damages caused solely due to negligence of the opposite party/respondent.  Therefore the complainant demanded the opposite party/respondent to replace the mobile.  But the opposite party/respondent did not come forward to replace the same.  Therefore the complainant contends that there is deficiency in service on the part of the opposite party/respondent and he is liable to pay the damages to the tune of Rs.50,000/- and to replace the defective mobile handset.  Hence, this complaint.

3. After registration of this complaint, notice was ordered to be issued to opposite party.  In spite of service of notice upon the opposite party he does not turned up.  Hence, opposite party was placed exparte.  Therefore, it is clear that no contrary materials are placed on record  by the opposite party to discard or disbelieve the case of the complainant.

4. The complainant in order to prove his case  has filed his affidavit by way of examination in chief and the same was taken as PW.1 and got marked documents at Exhibits P.1 to P.4 and closed his case.

5. Heard the arguments of complainant and he has also filed written arguments.

6. The points that would arise for our consideration are as under:-  

1. Whether the complainant proves that in view of opposite party/respondent did not get the mobile handset of the complainant repaired which act of the opposite party amounts to deficiency in service?
2.  What order?

7.      Our findings on the aforesaid points are as follows:

       Point No.1 :- Partly in the affirmative;

      Point No.2 :- As per final order for the following

:: R E A S O N S ::

8.     Point No.1:- The complainant has argued as per the contention taken in the complaint as well as in the affidavit.  Hence, prays to  allow the complaint as prayed for.

9.    We have perused the averments made in the complaint and documents produced by him at  Exhibit.P.1 to P.4.  Exhibit.P.1 is the legal notice sent to opposite party/respondent by the complainant.  By issuing Exhibit P.1 the complainant called upon the opposite party/respondent to replace the defective mobile and to pay damages of Rs.50,000/- and cost of Rs.5,000/-.  Exhibit P.2 is the postal acknowledgement for having served Exhibit P.1 upon the opposite party.  Exhibit P.3 is the GST invoice issued by Samsung Mobile Care in favour of complainant which shows that the complainant has purchased Samsung Mobile  A7 (6GB RAM) for Rs.26,990/-.  Wherein it is stated that one year warranty for mobile handset and 6 months for accessories from the date of purchase as against the defect in material and workmanship.   So from Exhibit P.3 it is crystal clear that the complainant has purchased the mobile handset in question from Samsung  Mobile care situated at Yaraganahalli Extension, Rajkumar road, Mysuru for Rs.26,990/-.  Exhibit P.4 is the acknowledgement of service request issued by Samsung Service Centre/opposite party dated 15.07.2019.  From Exhibit P.4 it is clear that the complainant handed over mobile handset to the opposite party/respondent to replace display and he paid a sum of Rs.2,000/- as advance to opposite party/respondent towards repair.  But as per the contention of complainant the opposite party/respondent did not get the mobile handset of complainant repaired instead the complainant noticed in the Samsung Service Centre of opposite party/respondent that the mobile handset in question was not working properly.  Therefore he got issued legal notice as per Exhibit P.1 to opposite party/respondent calling upon him to replace the defective mobile and to pay Rs.50,000/- as damages and cost of Rs.5,000/-.  But the opposite party/respondent did not come forward either to replace the display of mobile handset of complainant or to get it repaired and nor handed over the mobile handset to complainant nor replied the notice.   Therefore the complainant having no other go has constrained to file this complaint before this Forum seeking remedy as sought for in the complaint from the opposite party/respondent.

10. From the perusal of the documents at Exhibit P.1 to Exhibit P.4 it is no doubt clear that the complainant has purchased a mobile handset in question from Samsung Mobile Care, situated at Yaraganahalli Extension, Rajkumar Road, Mysuru for Rs.26,990/- on 01.11.2018 and admittedly the said mobile handset was fell down from the height of one or two feet and it was switched off and its display was not shown any icons.  From this contention of the complainant it is clear that due to the fault of the complainant himself the mobile fell down and gets damaged and its display was not shown any icons.  Therefore he handed over the mobile handset in question to opposite party/respondent within the warranty period of one year for repair and to replace the display of the mobile handset as per the warranty mentioned in Exhibit P.3 the GST invoice issued by Samsung  Mobile Care situated at Yaraganahalli Extension, Rajkumar road, Mysuru. but the opposite party/respondent neither replaced the display of the mobile handset nor repaired nor  returned the same inspite of receipt of advance amount of Rs.2,000/-  from the complainant which act of the opposite party is nothing but deficiency in service.  Therefore opposite party/respondent is liable to get the mobile handset of the complainant repaired and  to replace the display of mobile handset of the complainant and to pay damages.  Therefore, we answer the point No.1 partly in the affirmative.

11. Point No.2:- For the aforesaid reasons, we proceed to pass the following

:: ORDER ::

1. The complaint filed by complainant is allowed in part.
2. The opposite party is hereby directed to  repair and to replace the display of mobile handset of complainant in question and hand over the same to the complainant with running/working condition within one month from the date of this order.
3.  It is further ordered that the respondent/opposite party to pay damages of Rs.2,000/- and cost of Rs.1,000/- to the complainant within the aforementioned stipulated time.
4. Furnish the copy of order to the complainant at free of cost.

(Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Forum on this the 19^th June, 2020)