Tamil Nadu

South Chennai

CC/142/2013

Aravind Babu - Complainant(s)

Versus

Samsung Techno Care - Opp.Party(s)

K.Sathish

30 Dec 2015

ORDER

                                                                                     Date of Complaint  : 13.05.2013

                                                                                     Date of Order        : 30.12.2015

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,        :       PRESIDENT

                      THIRU.L. DEENDAYALAN, M.A.B.L.,          :        MEMBER I

                      TMT.K. AMALA, M.A. L.L.B.,                       :        MEMBER II

                                                                  

C.C.No.142/2013

THIS MONDAY , THE 30^th  DAY OF DECEMBER 2015

                                                                  

Aravind Babu,

S/o. V. Palanisamy,

No.11, M.G.Nagar,

Poonamallee,

Chennai 600 056.                                                            .. Complainant.

                                                                        - Vs-

1. The Proprietor, Samsung Plaza, No.20, G.S.T.Road, Chrompet, Chennai 600 044.   2. The Managing Director, Samsung India (P) Ltd., IFCI Tower, No.61, Nehru Plot, 7th & 8th Floor, New Delhi 110 019.   3. The Proprietor, Samsung Techno Care, T.Nagar, Chennai                                                                   ..Opposite parties.		.. Opposite party.

 

For the complainant                     :   Tr. K.Sathish & another, Advocates

For the opposite parties                :    ( Exparte)

 

           Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite parties to refund the cost of the Samsung Tablet of Rs.26,500/- with interest  and also to pay a sum of Rs.2,00,000/- towards compensation and also to pay a sum of Rs.3,000/- towards the cost of this complaint to the complainant.

ORDER

THIRU. B. RAMALINGAM, PRESIDENT  

The opposite parties though appeared through counsel in beginning of this proceedings, but subsequently not filed written version.  Hence the opposite parties were set exparte on 24.12.2014  

2.     Perused the complaint, and the documents Ex.A1 to Ex.A7  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.  

3.     The complainant has purchased Samsung tablet TAB P6200 (imcl) No.289071041314460, model GT P6200 on 18.1.2012 from the 1^st opposite party who is a dealer as per Ex.A1 invoice.  The said Samsung Tablet TAB is manufactured by 2^nd opposite party and 3^rd opposite party is the authorized service centre.  Further the complainant has stated that from the date of purchase the said Samsung Tablet suffers crash problem i.e. the browser window is automatically closing while using it.  Further when the complainant opens browser window, within a few minutes it is automatically closing down.   With regard to the said defect the complainant has approached the 3^rd opposite party who is the authorized service agent of the manufacturer of the said product i.e. 2^nd opposite party.  After  receipt of the said Samsung tablet the 3^rd opposite party has returned the said Samsung tablet to the complainant stating that the defects were repaired and cured.   However the complainant found that the problem was again occurred in the said Samsung tablet and the same was handed over to the 3^rd opposite party again for repair.  Even after attended by the 3^rd opposite party for repair and returned to the complainant the said Samsung tablet Tab was not properly functioning and it was found that the complainant is not able to use internet browser not more than two minutes continuously.  Again for the 3^rd time the complainant has handed over the said Samsung Tablet Tab to the 3^rd opposite party on 10.2.2012 for repair.  The receipt issued by the 3^rd opposite party is Ex.A2.   However after checking the said Samsung Tablet Tab by the 3^rd opposite party it was informed to the complainant by them that the Samsung Tablet Tab found to be suffered is a “manufacturing defect’ and cannot be cured.   So the 3^rd opposite party has assured for refund of the said Samsung Tablet Tab and the complainant has handed over the necessary documents to the purchase of the Samsung Tablet i.e. Tab invoice, pamphlet or booklet to the 3^rd opposite party and waited for refund of the cost of the said Samsung Tablet from the opposite parties.  Despite of several demands made by the complainant through phone calls, emails as well as issuance of legal notice and the copy of the notice filed as Ex.A3 and Ex.A4 and the postal acknowledgment, receipt etc. filed as Ex.A5 to Ex.A7, the opposite parties have not returned or  refund the cost of the said Samsung Tablet Tab to the complainant, as such the opposite parties have committed deficiency of service which caused mental agony and hardship to the complainant is acceptable.   

4.     Further the opposite parties though appeared through counsel in beginning of this proceedings, but subsequently not filed written version.  and not contested the case  as such they remain set exparte in this proceedings.  Therefore there is no valid denial or contrary evidence on the side of the opposite parties.

5.     However the complainant has claimed refund of the cost of the Samsung Tablet  Tab and also claimed  a sum of Rs. 2,00,000/- as compensation which appears to be exorbitant.  Considering the above facts and circumstances of the case we are of the considered view that the opposite parties are jointly and severally directed to refund the cost of the Samsung Tablet tab a sum of Rs.26,500/-  and also to pay a sum of Rs.10,000/- as just and reasonable compensation and also to pay a sum of Rs.2,500/- as litigation expenses to the complainant.

In the result, the complaint is partly allowed.  The opposite parties  are jointly and severally directed to  refund the cost of the Samsung Tablet Tab of Rs.26,500/- (Rupees Twenty six thousand and five hundred only) and also to pay a sum of Rs.10,000/- (Rupees Ten thousand only) as compensation  and also to pay a sum of Rs.2,500/- (Rupees Two thousand and five hundred only)  as litigation expenses to the complainant within six weeks from the date of this order failing which the above amounts (Rs.26,500/- + Rs.10,000/-)  shall carry  interest at the rate of 9% p.a. from the date of this order to till the date of payment.

Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the  30^th   day  of  December    2015.

 

MEMBER-1                    MEMBER-II                   PRESIDENT.

Complainant’s Side Documents:-

Ex.A1- 8.1.2012  - Copy of Samsung Tablet purchase bill.

Ex.A2- 10.2.2012 - Copy of work order bill.

Ex.A3- 21.3.2012 - Copy of email sent by complainant.

Ex.A4- 19.7.2012 - Copy of legal notice.

Ex.A5- 21.7.2012 - Copy of Ack. card.

Ex.A6- 23.7.2012 –Copy of returned cover for the 2^nd opposite party.

Ex.A7- 3.5.2013  - Copy  of Ack. card for the 3^rd opposite party.

 

 

Opposite parties’ Document’s :    .. Nil ..   (exparte)

 

 

 

MEMBER-1                    MEMBER-II                    PRESIDENT.