Failure to be attentive and insist on a warranty card during purchase proved dear to consumer, Olini D. Mayenkar , Mandur, Tiswadi, whose complaint against Samsung for a defective mobile phone was dismissed by the consumer court.
Mayenkar said that, she purchased a Samsung Mobile on August 27 2018 for Rs.22,000. However the mobile after hardly using for 15 days started restarting automatically while using or calling. It happened three-four times so she went to the store who took the device and gave it to the service centre. She received the mobile on the same day in the evening but she faced the same problem. She again went back to the store which returned the handset after repairs. But the problem remained and Mayenkar on October 29 visited the store once more when she was asked to give the set for repairs. She refused and asked for either replacement or refund of the payment.
The store said that, they cannot refund or replace and asked her to call toll free number. She called the number and was told by the senior executive to give the whole set to the store (Digital World, opposite education department, Panaji) then only they can proceed further. So, on October 30 she submitted the whole set box with original bill copy and bill.
Then on November 3 she got call a saying that the phone is ready and can be collected but she refused to accept the same. The Manager asked her to accept the phone as they cannot replace or refund, which she did not accept. Therefore, she approached the Forum and prayed for refund of Rs 22,000 at the rate of 18 per cent and also prayed for compensation of Rs 30,000.
The Forum after hearing the arguments pointed out that, Mayenkar produced the copies, tax invoice, emails, job cards, etc. but failed to produce the warranty card. At the time of arguments, when she was asked about the same but she said the warranty card was not provided with the set. “We cannot accept the said argument as the warranty card is always provided with the products. Secondly, if it was not provided the customers are never stopped from asking for the same and if the service provider refuses, the customer should not accept the product.”
The members of the forum, added that, the complainant is also not a lay person and in the absence of warranty card, they are not able to understand the terms and conditions of the product and whether there are any terms and conditions regarding the replacement or refund. Secondly, the expert report is also not produced by the complainant, said the Forum.
They pointed out that, on the job card Mayenkar signed while collecting the product ` the above job has been done to my satisfaction’. The members also pulled up the consumer for refusing to accept the mobile, saying, “she should have collected the same and seen whether the same problem arises.”
Concluding that, the “complainant failed to show us whether the mobile set can be replaced or amount can be refunded under the terms and conditions of the warranty of Samsung Company,” the forum said that the complaint is not maintainable and thereby dismissed.