SONA GUPTA Vs. PARAG MOBILE

JUDGEMENT

(1.) These revision petitions have been filed by the petitioner Sona Gupta against the order dated 07.04.2017 of the State Consumer Disputes Redressal Commission, Uttar Pradesh (in short 'the State Commission') passed in Appeal No.2697 of 2013 and 2415 of 2013.

(2.) Brief facts of the case are that the petitioner/complainant purchased a mobile Samsung Star Nxt for about Rs.7,000/- from the Parag Mobile (dealer) opposite party No.1 in the original complaint case. It is the case of the petitioner/complainant that this phone was advance phone where call can be recorded. The cover of the packing of this phone also mentions the "Leading the Touch Revolution Call Record Yahoo Messenger". However, the petitioner/complainant observed that the phone had only a voice recorder and not the call recorder, therefore, the complaint was filed before the District Consumer Disputes Redressal Forum, Mainpuri, (in short 'the District Forum') bearing CC No.62 of 2013. The opposite parties resisted the complaint by filing the written statement. The District Forum decided the complaint vide its order dated 30.09.2013 as under:-

(3.) Aggrieved by the order of the District Forum, the opposite party No.1 preferred appeal No.2415 of 2013 before the State Commission. Similarly, Samsung India Electronics Pvt. Ltd. preferred appeal No.2697 of 2013 before the State Commission. The State Commission vide its order dated 07.04.2017 decided both the appeals as under:-