Order No.  12 dt.  12/09/2017

The fact of the complainant as it appears in brief is that the complainant purchased a Samsung make mobile phone at a price of Rs.5,650/- through Invoice no.S/0936/14-15 on 09.08.2014 from M/s Shyam Telecom, 166A, Rash Behari Avenue,, Kolkata-700 029.  The mobile set used to disturb in the touch screen at the time of incoming calls as well as outgoing calls and for such nonfunctioning the complainant on 10.11.2014 handed it over to authorized Service Centre just after three months for repair. The service centre issued a memo regarding the defective mobile with the description as “Touch screen problem, incoming & out going problem on 10.11.2014.  The service centre forth with return back the mobile and complainant  collected the mobile with the Service request memo after repair. Thereafter, complainant approached the sr Executive of customer care with the complaint no 8470027378 but the same reply had been faced by the complainant.

            PR & TR shows service of notice to the ops but o.ps did not participate in the proceedings.            

Decision with reasons :-

            We have gone through the pleadings of the complainant and materials on record and evidence in particular. It is an admitted fact that the complainant purchased the mobile set on 09.08.2014 placed it for repair on 10.11.2014 and thus used the set for 3 months only with disturbance, the beginning of which has not been specifically mentioned in the complaint. The mobile set had been sold with no responsibility of the seller after completion of sale. The purchaser had been advised to contract the ‘service centre’ directly.

           In order to prove the case the complainant sworn an affidavit of evidence in support of the contention of the complaint and filed the documents in support of his claim  Due to unchallenged testimony of the complaint there is no scope to disbelieve the submission of the complainant and therefore it should be accepted and necessary order is to be passed accordingly.  The mobile set used to disturb in the touch screen at the time of incoming calls as well as outgoing calls and for such nonfunctioning the complainant on 10.11.2014 handed it over to authorized Service Centre, 51B ,Garcha Road, Kolkata 700019. just after three months for repair. The service centre recorded the defect of the mobile with the description as “Touch screen problem, incoming & out going problem.  The service centre  unable to repair it and return back the mobile. Thereafter, complainant approached the sr Executive of customer care with the complaint no 8470027378 but no tangible solution had been provided by the Engineer.  The mobile set had not been functioning properly just after 3 months and complainant had tried utmost to get it repaired by visiting the authorized service centre. Authorized service centre had failed to repair the set and ultimately return the same..       

              With the above points in view and for outright declaration about non-repairable status of  the mobile set within 3 months only by the Samsung service centre, we hold that  the mobile is defective inherent to it and the complainant is entitled to get relief .

            Hence, ordered.

        That the case no.271/2015 is allowed exparte against the o.ps. The o.ps are directed to pay jointly and/or severally Rs.4830/- (Rupees four thousand eight hundred thirty) only to the complainant along with compensation of Rs.2,000/- (Rupees two thousand) for harassment and mental agony suffered by the complainant and litigation cost of Rs.2,000/- (Rupees two thousand) within 30 days from the date of this order i.d., an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

           Supply certified copy of this order to the parties free of cost.