SAMSUNG INDIA ELECTRONICS PVT LTD Vs. FAROOQ KHAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Samsung India Electronics Pvt. Ltd & anr. against the order dated 1.3.2017 of the State Consumer Disputes Redressal Commission, Circuit Bench, Bikaner, Rajasthan, (in short 'the State Commission') passed in Appel No.92 of 2016.

(2.) Brief facts of the case are that on 28.10.2014, respondent No.1/complainant purchased a mobile handset from respondent No.2/opposite party No.1 for Rs.57,000/- with warranty period of one year. Sometimes in the year 2015, the sensors of the phone developed some defect and it was given to petitioner No.2/opposite party No.3 for repairs through respondent No.2. After repairs, some defect again developed in it and the same was deposited with opposite party No.3 again. Complainant was informed that the phone has some manufacturing defect and cannot be repaired. The mobile was given for repairs/replacement but the opposite parties returned the same handset and refused to replace the same despite the warranty period not having expired.

(3.) Aggrieved, the respondent No.1/complainant filed a consumer complaint before the District Consumer Disputes Redressal Forum, Churu, (in short 'the District Forum') being complaint No.766 of 2015. The complaint was resisted by opposite party No.1/respondent No.2, who is the dealer from whom the mobile set was purchased. The District Forum vide its order dated 19.05.2016 disallowed the complaint.