Ernakulam district consumer disputes redressal commission has asked Samsung India Electronics and My G Digital Hub to pay Rs 78,900 for deficiency in service.
The order came in a complaint filed by Santhosh Kumar of Fort Kochi against Samsung India Electronics and My G citing two deficiencies in service. The first deficiency was that while selling a mobile phone to the complainant, the seller had made him believe that it was water-resistant. However, the mobile got damaged when it fell into water. The second deficiency was that although he had taken insurance for the said mobile, they were neither ready to fix the fault nor compensate for the same. Even after five years, the phone manufacturer had failed to rectify the defects.
The court has asked both parties to pay the said amount to Kumar. The complainant bought the ‘water-resistant’ Samsung model phone for Rs 71,840 in Nov 2018 and had paid an additional amount of Rs 5,390 as insurance premium. The insurance coverage was for one year, and the phone got damaged during the coverage period. When it was handed over to the respondent party for repair, he was asked to pay an additional Rs 3,450, which he paid. However, the phone was returned to him without being repaired.
Samsung India Electronics and My G argued that the phone was not damaged due to a manufacturing defect but due to physical damage and mishandling, which is not covered under the insurance scheme. However, the court observed that denying the insurance amount for a water-damaged phone during the insurance coverage period is tantamount to denying the warranty. This constitutes a defect in service and an unethical business practice.
The court has said the compensation amount should be paid to the complainant within 30 days. In case of default, the bench, consisting of V Ramachandran and T N Srividya as members, has warned that the two respondents will have to pay the amount with interest. MSID:: 113465249 413 |
