Before the State Consumer Disputes Redressal Commission
(constituted under the Consumer Protection Act, 2019)
of Telangana, Eruvaka Building, Khairathabad at Hyderabad
FA NO.321 OF 2019 AGAINSTCcC NO.327 OF 2017
ON THE FILE OF DISTRICT COMMISSION-II,HYDERABAD
Between:
Mr.Rajender Khanna S/o late N.D.Khanna,
aged 48 years, Occ: Advocate,
R/o H.No.23-5-p848, Stone House,
Shalibanda, Hyderabad - 500 065.
Appellant/Complainant
And
The General Manager,
Samsung lndia Electronics Pvt., Ltd.,
20th to 24th Floor, Two Horizon Centre,
Golf Course Road, Sector-43,
DLF PH-V, Gurgaon,
Haryana -
122 202.
2) The Manager (Service Center),
Samsung Service Center
-
Ratna Electronics, 4-1-327 to 335,
1s Floor, Sagar Plaza, Troop Bazar
Abids, Hyderabad - 500 001.
The Manager (Service Center)
Samsung Service Center-Sri Communications,
20-5-47, 1st Floor, shalibanda, ld City,
Near P Manoharlal Jewellers,
Hyderabad - 500 012.
.Respondents/Opposite parties
Counsel for the Appellant
Party-in-person
Counsel for the Respondents
Sri Bhaskar Poluri-R1
R2-Served with notice
R3-Served with notice
cORAM:
Hon'ble Sri Justice MSK Jaiswal..
President
Wednesday, the Fifteenth day of
December Two Thousand Twenty One
Oral Order:
This is an appeal preferred by the Complainant aggrieved by the
orders dated 06.05.2019 passed by the District Consumer Forum-1,
Hyderabad in CC No.327/2017 in dismissing the complaint by observing
that there is no deficiency of service or negligence on the part of the
Opposite parties.
2) For the sake of convenience, the parties are referred to as arTayed
in the complaint.
It is the case of Complainant that he purchased a mobile handset
3) Edge + G928 G gold of Samsung make from M/s Croma showroom
located at Panjagutta, Hyderabad vide invoice No.SLF02A029020094696
on 16.06.2016 for a consideration of Rs.42,994/- which was provided
with warranty of one year which expires by 16.06.2017.
Within the
period of warranty, he took the handset to the service centre with certain
complaints, on two occasions, to which, the Opposite party No.3
attended temporarily and thereafter stopped functioning properly.
On
the advice of Opposite party No.3, he took the handset to Opposite party
No.2 wherein he was provided the service number 4239221442 on
22.06.2017 for ascertaining the problem, in turn, he was provided with
an estimate for Rs. 12,000/- and if the display needed to be changed, the
estimate would be Rs.23,000/- but the defect was not recorded on the
service slip.
4) Exorbitant and unjustified estimates of repair and failure to give
proper reasons and causes related to the mother board of the handset
promptedhim
to issue a notice to the Opposite
party No.2 on
22.06.2017, which they refused to accept and thereby he sent through
speed post and a copy through e-mail to Opposite party No.1.
The
display was never an issue and the handset is in excellent condition.
The problem is related with hardware/software and the Opposite parties
are answerable.
He suspects the handset provided is defective and is
asking to quote for the accessories and parts in the open market, as
provided by Opposite parties 1 and 2. Hence, complaining deficiency of
service on their part filed the present complaint with a prayer to direct
the Opposite parties for repairing the handset with new motherboard and
new display screen with full warranty or refund the cost of mobile at
Rs.42,994/-; to pay compensation of Rs.1,00,000/, to pay costs of
Rs.5,000/- and award any other reliefs.
5) Opposite party No. 1 filed its written version contending that they
are the manufacturer
of clectronics
and home appliances and its
products are of international standard and are number one in the world.
All its products will come into the market after certification by its Quality
control division. Their motto is 'customer friendly' and it got appointcd
alter sales service centers all over India, including Hyderabad.
Thei
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