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Forum tells Samsung to pay Ludhiana man ₹33K for damaged mobile handset
The amount includes ₹25,000, the price of the handset, a compensation of ₹4,000 for mental agony and harassment of the complainant and ₹4,000 as litigation expenses
Samsung India Electronics Private Limited, a famous electronics manufacturing company, has been directed by the District Consumer Redressal Forum to pay a sum of ₹33,000 to a consumer for a damaged mobile handset.
The amount includes ₹25,000, the price of the handset, a compensation of ₹4,000 for mental agony and harassment of the complainant and ₹4,000 as litigation expenses.
A resident of New Janta Nagar, Gill Road, Gurwinder Singh, had moved the forum on December 4 last year complaining that the company failed to repair his mobile set despite the insurance cover of one year.
In his complaint, Singh said, “I had purchased a Samsung mobile handset of model ‘C7 Pro’ on August 24, 2017, with the warranty of one year. I later got the insurance extended on August 2 by paying a sum of ₹2,030. The handset developed a ‘hanging’ defect.”
Even after several complaints, the mobile manufacturer and the retailer continued to dilly-dally on the matter and did not repair the set.
The complainant had sought ₹25,000, the price of the handset, a compensation of ₹50,000 for mental agony and harassment and litigation expenses of ₹11,000, alleging that it was a manufacturing defect.
RESPONDENTS’ RESPONSE IN COURT
In its reply, Samsung India Electronics alleged that the complaint had been filed with the mischievous intention of ‘unjust enrichment’ of the complainant.
“Samsung India Electronics has been unnecessarily impleaded. Material facts had also been concealed. Besides, the complainant had not sought permission of the forum under the Consumer Protection Act, 1986, before filing the complaint. The complaint was filed just for abusing the process of law. There was no manufacturing defect, but the handset had been mishandled by the complainant,” wrote the manufacturer in its response.
DISTRICT FORUM OBSERVATION
The forum observed, “The defect in the mobile handset developed on August 13, 2018, that is after more than 11 months of its purchase on August 24, 2017. So, the present fault cannot be termed a manufacturing defect at all. No report of an expert was also produced to show such a manufacturing defect.”
The form added, “Even if that be the position, counsel for Samsung India, as a goodwill gesture, has offered to return the price of ₹25,000 and as such. In view of the admitted position that defective handset is with the manufacturer or its service centre, it is ordered that Samsung India Electronics will pay ₹25,000, the price of the handset to the consumer with a compensation of ₹4,000 for mental agony and harassment and ₹4,000 as litigation expenses.”
