DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KEONJHAR
CONSUMER COMPLAINT CASE NO. 27 OF 2018
Sri Bholeswar Patra
S/O-Rabindra Patra
At-Purujoda,Po-Sirigida, P.s-Telkoi
Dist-Keonjhar………….……………….…………….…………...…..… Complainant
Versus
Trinath Mobile,
Near State Bank Of India,
SBI Road, Keonjhar
At/Po/Dist-Keonjhar
2. Samsung Service Center, Madhapur Sqr N.H.6
At/Po/Dist-Keonjhar,Odisha-758001
3.Samsung India Electronics
A-25.Ground Floor, Front tower,
Mohan Co-Operative Industrial estate New delhi-110044,
e-mail:-support.india@samsung.co
.…………………….……………………………..Opp.Parties
Present:
Biranchi Narayan Patra, President
Sri Bharat Bhusan Das (Member)
Advocate for complainant- Self
Advocate for Op1-R.K Pati & associates
Advocate for Op2 - C.K Das
Advocate for & Op3 - M.Nath Shrama
Date of Filing - 31.10.2018 Date of Order- 10.08.2022
B.B Das (Member)
The Complainant case, in brief, is that the complainant has purchased one Samsung Mobile phone of Model-Samsung J7 prima vide battery No-S/N RC 3HB12J S/A F of Rs.16,900/- on dt 12.12.2016 from Trinath Mobile who is authorized dealer to sale. The authorized dealer (Op No1) granted purchase receipt, warranty certificate with the Registration information bearing Model No SM G610FZDDINS product Sl. No- RZ8HBOTX2ZE, DOP of product on dt.12.12.2016, Ref No C550-P.G.T-ICXXS0M and certificate INCL No 364503.The warranty discloses its validity from 12.12.2017 to 12.11.2018.The Said Mobile seized to Operate Since 03.07.2018 due to automatic Open of the display board. However, the complainant rushed to Samsung unit at Madhapur , Keonjhar (OP No-2) for repair . The Op No.2 returned the mobile after one month with assurance to send it Samsung Care , Jaydev Vihar , Bhubaneswar who also informed to deposit a sum of Rs.4,000/- and accordingly, complainant deposited the amount vide SBI debit card OTHPOS-113238 to Romana Services , Bhubaneswar. But subsequently the authorized dealer (Romana Services , Bhubaneswar ) pleaded inability to repair as the mother board has been changed . Such acts of the Ops caused him harassment and mental agony. The case of complainant is admitted and issued notice to Ops.
The Ops enter in appearance in this case and filed their respective version separately.
The OP No-1 admit the purchase of product but he denies the issuances of warranty card on dt. 12.08.2017. It is further case of OP No.-1 that the complainant never brings the product before him for repair , rather admits that he had to comply the terms and conditions of warranty card bringing notice about the defects within warranty period . However , he is not liable for any manufacturing defect . The OP. No.-2 denies the allegations of the complainant .It is his positive plea that the complainant never comes to his care unit for repair of the alleged mobile at any point of time .
The OP No-3 files his version to the effect that his role is limited to the product quality and warranty benefits against any malfunction in mobile which shall be repaired free of cost within warranty period, carried out by the service center .The display board is broken and damaged though there was / is no manufacturing defect at the time of purchase .
The complainant relies upon the following-
1.Purchase receipt issued by Op No 1
2.Warranty certificate
3.Payment request SMS by V.K Sam CC
4.Payment statement to Roman services, Bhubaneswar
On perusal of the document field by the complainant ,it is crystal clear that he has purchased the mobile in question from Op 1.The Op No-2 is the care center who renders service for repairing of the mobile within warrant period. The warranty certificate field by the complainant shows that the mobile was out of order within the coverage of warranty period, for which he requested the Op-2 to repair it on the strength of warranty card who kept it for about one month and handed over the complainant to approach before the authorized dealer(Roman service, Bhubaneswar) for repair as mother display board was damaged. The Authorized dealer kept the mobile for repair and received a sum of Rs 4000/-towards 50% of cost to change the display board. It is to be seen that the mother display Board has been damaged due to misuse of the complainant or manufacturing defects. The Ops fails to prove with cogent evidence in this case that the mother display has been damaged due to misuse of the complainant. The Complainant simply runs after Ops soon after the Mobile is out of order. The Op No- 2 being the service center kept it for a month for repair and lastly returned it on the plea of damage of mother Board. The authorized dealer(Romana Services, Bhubaneswar) though received of Rs 4,000/- to change the Board but could not change and as such, it is improper to say that the mother display Board has been damaged due to misuse of Complainant, rather it presumes that due to manufacturing defect, the mobile in question was out of order. The complainant being the consumer is entitled to get the relief(s) sought for. It is proved that Ops have made manufactory defect in the mobile . Samsung care having technical expert have not given proper service to the complainant. Which caused deficiency of service .
Hence ,it is ordered that the Op No 3 is directed to give a new Samsung Mobile of same Model or mobile cost of Rs 16,900 within one month of passing this order simultaneously, the Op No-3 is further directed to pay of sum of RS 4,000/-to the complainant which was taken by authorized dealer(Romana Services,Bhubaneswar) within one months of this order, failing which the entire amount i.e Rs.16,900.00-+ Rs.4,000.00 will carry interest of @6% P.A from the date of filing of this case till final realization and all Ops are jointly liable to pay a sum of Rs 3,000/- towards harassment and mental agony within one month of this order. If failed Ops are directed to pay at the interest of @6% per annum from the date of disposal of case.
The order pronounced in open Commission today i.e on 10th August 2022.
Free copy be supplied to parties, if applied for.
Pronounced on 10.08.2022
I agree
( Sri B. B. Das) ( B.N Patra )
Member (President)
DCDRC,Keonjhar DCDRC,Keonjhar
Dictated & Corrected by
( Sri B. B. Das)
Member
DCDRC,Keonjhar
