BEFORE THE GOA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PANAJI-GOA In the matter of First Appeal 08 of 2024 in Consumer Complaint 95 of 2021.

Before: Adv. Mrs. Varsha R. Bale, Officiating President Adv. Ms. Rachna Anna Maria Gonsalves, Member Samsung India Electronics Private Limited

6th Floor, DLF Centre, Sansad Marg, New Delhi-110001. ..…Appellant V.

Mr. Mahadev Kharbe, r/o House No. 240/4, Sodiem Siolim, Bardez Goa-403517. .....Respondent-1 Mr. Preetam Kerkar r/o Siolim, Bardez Goa 403517 .....Respondent-2 Savex Technologies Private Limited, No. 1/B, Indo Space Logistics Par, Puduvoyal, Durainallur Village, Ponneri Taluka, Thiruvalluvar, Tamil Nadu, 601206. .....Respondent-3 Savex Technologies Private Limited, CIN No. U31909MH1988PTC046237, 124, Maker Chambers III, Nariman Point, Mumbai, 400021, Maharashtra. .....Respondent-4 Samsung Service Centre Above Canara Bank Shop No. F6, No. 7/257/6/5, Khalap Building, Mapusa Goa-403507 .....Respondent-5 Adv. Shri James Lopes present for Appellant.

Adv. Ms. Uttara Kundaikar present for Respondents.

DATE: 23/08/2024 JUDGMENT [per Adv. Mrs. Varsha R. Bale, Officiating President]

1. This Appeal is directed against the Judgment & Order dated 27/07/2023 passed by the District Consumer Disputes Redressal Commission, North Goa, (The ‘District Commission’ for short) in Consumer Complaint No. 95/2021. The Appellants were the Opposite Parties (OPs for short) and the Respondents were the Complainants in the said Complaint. Parties shall hereinafter be referred to as per their status in the said Complaint.

2. The Complainants had filed the said Complaint praying therein to direct OPs to provide new/fresh piece of mobile handset of Samsung Galaxy M21 with fresh warrantee period and/or pay to the Complainant Rs.13,999/- alongwith interest @18% p.a. from 29/07/2021 till actual payment; to direct OPs to pay Rs.6,299/- i.e. Rs.5,000/- + Rs.1,299/- to the Complainants the amount spent to purchase second mobile; to direct to pay compensation of Rs.30,000/- to the Complainants towards compensation for causing mental agony, harassment, torture unnecessary stress, to direct to pay cost to the Complainant.

3. Case of the Complainants in short is as follows:

That the Complainant-1 purchased the mobile phone Samsung Galaxy for Rs.13,999/- for his mother from Amazon App through Complainant-2 on 11/08/2020. In July 2021 the Complainant-1 started facing problems like network issue, battery draining, data loss, hanging, bluetooth not working, etc. So, he visited OP-4 on 29/07/2021 and handed over the said mobile to them. When he visited OP-4 on 10/08/2021 he was informed that the said mobile was not repaired. Complainant-1 thereafter visited them for almost 4-5 times, but it was neither repaired nor was any fault found in the same. On 24/08/2021, OP-4 ordered a part of the mobile in the presence of Complainant-1 which was out of stock, and asked him to collect the mobile after one week. That on 10/08/2021 the Complainant-1 extended warranty period for next one year on payment of Rs.1,299/- and hence the mobile had warranty till 14/08/2022. Thereafter, the Complainant-1 visited OP-4 for nearly twice or thrice until 06/09/2021 but found that the mobile was not repaired. Since he was facing a lot of difficulties in the absence of his mobile, he was forced to purchase a second mobile of Rs.5,000/- for his temporary use. The Complainant stated that during the period of the subject mobile warranty, he found that the said mobile was defective and faced deficiency in service on account of the faulty, imperfect, shortcoming or inadequacy in the quality, nature and manner of its performance. The Complainant-1 therefore addressed a Legal Notice on 08/09/2021 to the OPs and called upon them to replace a new mobile handset of Samsung Galaxy M21 with fresh warranty within a period of 15 days. But the OPs-2, 3 & 4 failed to reply to the same. OP-1 replied to the said notice and informed Advocate of the Complainant that the mobil