Manufacturers are liable for defects reported within the warranty period, and claims of software issues do not absolve them of responsibility for manufacturing defects.

ORDER

NARESH KATYAL, JUDICIAL MEMBER:

Challenge in this Appeal No.381 of 2021 has been invited by appellant/OP No. 2 against order dated 02.11.2021 passed by learned District Consumer Disputes Redressal Commission-Ambala (In short “District Consumer Commission”) in complaint case No.243 of 2020, vide which complainant’s complaint has been allowed.

2. Factual matrix: Complainant purchased Samsung Mobile i.e. SM-F900F/DS Galaxy Fold Black-Samsung, IMEI No. 354261100508282 from OP No.1-M/s Savex Technologies Pvt. Ltd., vide invoice No.CHDRI1920100441 dated 23.10.2019 for Rs.1,64,999/-. It was having warranty of one year. OP No.1 is distributor of OP No.2 which is manufacturer/appellant herein and OP No.3 is customer care centre of OP No.2. As per plea; from very beginning of purchase, there was problem in network, software in subject mobile phone, but OPs despite repeated repairs have/had failed to rectify the same. Complainant continued contacting/requesting OPs through its care customer. OPs have/had given complaint numbers of complaints i.e.2285179804 dated 22.09.2020, 2285394717 dated 24.09.2020, 2285425390 dated 24.09.2020, 2286511983 dated 05.10.2020, to complainant, but to no effect. Complainant also approached OPs on contact number viz.: 1800-57267-864 on 13.10.2020, but again was given complaint No.4311913208 (Job Card No.1162471476) dated 13.10.2020. As per plea; OP No. 3-Cusmoter Service Centre also misbehaved with him by using filthy language. On 20.10.2020, he again contacted officials of OPs but nothing was done. He requested OPs either to replace subject mobile phone with new one or to refund amount but they refused. By alleging deficiency in service of OPs; complaint has been filed for issuance directions against OPs to handover a new mobile set with latest upper version or to pay full amount/cost of subject mobile i.e. amounting to Rs.1,64,999/- with interest; to pay Rs.2,00,000/- for mental agony and harassment and to pay Rs.22,000/- as litigation expenses.

3. OP No. 1/distributor/dealer raised contest by pleading in its defense that it had sold subject mobile phone Samsung Mobile SM-F900F/DS Galaxy Fold-Samsung IMEI No. 354261100508282 vide invoice dated 23.10.2019 for Rs.1,64,999/- to complainant and same was delivered to him in good/satisfactory condition. OP No.1, being authorized dealer/distributor only of Samsung Products does not provide any type of repairs or after sale service and also does not provide any warranty on subject product.

4. OP No. 2 & 3 in their defense have asserted that complaint is not maintainable. Answering OP only provided one year warranty and no guarantee is/was ever provided on any product. Under warranty, in case of any problem with the product; it will be repaired or its parts will be replaced. As per plea; complainant approached service centre, lastly on 13.10.2020 i.e. after period of approx. 12 months from date of purchase as is evident from job sheet No.4311913208. Engineer of service centre checked subject mobile set and found that only software of product is/was required to be updated. Updating of software is not a defect and is done just to make mobile more efficient. Software of product was updated without any cost and complainant took delivery of product on his full satisfaction. Thereafter, he never approached service centre with any problem in subject mobile set. Other pleas have been denied and dismissal of complaint is prayed.

5. Parties led their respective evidence (Oral as well as documentary). On analyzing same; learned District Consumer Commission-Ambala has allowed the complaint and directed OPs No. 2 & 3, joint and severally, to replace subject mobile set with new one of same model with requisite warranty and if same model is not available then, to refund Rs.1,64,999/- i.e. price of subject mobile phone; and also pay Rs.5,000/- for mental agony, harassment and Rs.3,000/- towards litigation expenses to complainant. Complaint against OP No. 1-M/s Savex Technologies P