ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH Date of Institution : 22.03.2021 Date of Reserve : 14.09.2022 Date of Decision : 28.09.2022 Sachin Singh aged about 26 years S/o Sh.Nanku Singh, resident of House No.15/16, Old Grain Market, Sangrur.

….Appellant/Complainant Versus

1. Samsung India Electronics Pvt. Ltd., 20^th to 24^th Floor, Two Horizon Center, Golf Course Road, Sector 43, DLF, PH-V, Gurugram (Haryana) through its Managing Director.

2. M/s Gaurav Communications, 1^st Floor, Inside Gaushala Road, Near Railway Chowk, Sangrur through its Proprietor.

3. Singla Mobile Care, Near Baba Pir, Sangrur Road, Bhawanigarh, Tehsil Bhawanigarh, District Sangrur through its proprietor.

……..Respondents/Opposite parties First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 01.02.2021 of the District Consumer Disputes Redressal Commission, Sangrur.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Present:-

For the appellant : Sh.Sanjeev Goyal, Advocate For respondent No.1 : Sh.Devinder Kumar, Advocate For respondents No.2&3 : Ex-parte HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This appeal has been preferred by the appellant/Complainant-Sachin Singh against the order dated 01.02.2021 passed by the District Consumer Disputes Redressal Commission, Sangrur whereby the complaint filed by the appellant/complainant-Sachin Singh was allowed and opposite parties were directed to replace the glass/screen of the mobile set, in question, and to make the mobile set in working condition.

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. In nutshell, the complaint of the complainant before the District Commission is that he purchased a mobile handset on 07.11.2018 from opposite party No.3 who assured him that the mobile i.e. Galaxy Note 9 (128 GB) is with special feature of gorilla glass, which is a scratch free and unbreakable even if it hits with hard surface or even if it hits with the hammer. The complainant was also showed some recordings of the said mobile phones. Accordingly, the he purchased mobile i.e. Samsung Galaxy Note 9 (128 GB) from opposite party No.3 against invoice No.2762, dated 07.11.2018 for a sum of Rs.61,900/-. On 09.12.2018, while complainant was sitting in the office and when he tried to pick up a call then the mobile accidentally fell from his hand and when he picked up the phone, in question, he was shocked to see that the screen of the mobile set was broken and the mobile set became non-functional. Thereafter, the complainant approached opposite party No.3 with the request of replacement of the mobile set because at the time of selling the mobile set the opposite party has specifically told about the features of gorilla glass and on the assurance of the opposite party No.3 complainant purchased the mobile phone. However, complainant was advised to approach opposite party No.2 and on the next date, he approached opposite party No.2 and showed the mobile set and requested for its replacement but opposite party No.2 refused to replace the same by saying that broken display is not covered even in the terms and conditions of the policy and refused to entertain the request of the complainant. The complainant also get the photocopy of the Job Sheet dated 10.12.2018 and made the endorsement of misrepresentation. A handsome amount was spent by the complainant on the purchase of the mobile set but the same was broken within one month from its purchase. It is asserted that the mobile set has not been replaced even though the same is within the warranty period, which caused harassment and inconvenience to the complainant and prayed for the following reliefs:

i) to refund the purchase price of mobile set i.e.

Rs.61,900/- along with interest @18% per annum from the date of purchase till realization;

ii) to pay Rs.50,000/- on account of mental agony and physical harassmen