Haryana

Karnal

CC/164/2015

Sameer Kalra S/o Anrudh Kalra - Complainant(s)

Versus

1. F1 Info Solutions And Services Pvt. Ltd - Opp.Party(s)

Amish Goel

04 Sep 2015

ORDER

THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.164 of 2015

                                                               Date of instt. 23.07.2015

                                                               Date of decision: 29.10.2015

 

Sameer Kalra son of Sh.Anrudh Kalra resident of house no.507, Sector 06, Urban Estate, Karnal.

                                                   ……….Complainant.

                             Versus

 

1.FI Info Solutions and Services Pvt. Ltd. office at House no.493-L, Model Town, near SBI Training Centre, Karnal 132001 through its Managing Director/AR.

2.Sony India Pvt.Ltd.A-31, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi 110044 through its Managing Director.

3.Kenichiro Hibi, Managing Director, Sony India Pvt.Ltd. A-31, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi 110044.

                                                           ……… Opposite parties.

 

                     Complaint U/s  12  of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma……. President.

                   Sh.Anil Sharma ………Member.

                   Smt.Shashi Sharma…..Member.     

 

 Present:       Sh.Sameer Kalra complainant in person.

                   Ops exparte.

 

ORDER:

 

            The complainant has filed the present complaint u/s 12 of the Consumer Protection Act,  on the averments that he purchased one Sony Xperia Z1 Compact Mobile from Jai Durga Communications, Old Char Chaman Karnal, vide invoice No. JCD79 dated 3.7.2014 for Rs.35, 000/-. The said mobile was introduced  by Opposite Party ( in short OP) No.2 in India and OP no.3 is the Managing Director of Sony Mobiles. At the time of launching of the said mobile set, the OP no.2 introduced the said mobile as a water proof and also claimed that from the said mobile, photos can be clicked underwater.  On 21.6.2015, the complainant was celebrating the Yoga Day in the morning at Sector 32, Karnal, but suddenly there was rain and the said mobile became wet, due to which it became dead though all the covers of the mobile were properly shut. On 22.6.2015, the complainant visited the office of OP no.1 and requested him to repair the mobile set, but the OP no.1 instead of repairing the mobile set gave the estimate of Rs.27918.50 despite the fact that the mobile was under warranty. OP no.1 told that warranty was void as the mobile was having liquid damage.  Thereafter, Varun Aggarwal at the office of OP no.1 assured that he would write to OP no.2 to solve the problem. The complainant visited the office of OP no.1 several times, but the needful was not done. It has also been submitted that this act on the part of Ops amounted to deficiency in services and caused mental agony and harassment to the complainant apart from financial loss.

 

2.                Notice of the complaint was given to the Ops, but none appeared on their behalf despite service. Therefore, exparte proceedings were initiated against them vide order dated   4.09.2015.

 

3.                In evidence of the complainant, his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C8 have been tendered.

 

4.                We have heard the learned counsel for the complainant and have gone through the case file very carefully.

 

5.                As per the invoice Ex.C1, the complainant had purchased the mobile set in question for Rs.35000/- and the said mobile set was manufactured by OP no.2.  On 21.6.2015, when the complainant was celebrating the Yoga Day in the morning at  Karnal, the said mobile set became wet. The complainant has alleged that the said mobile set was given by assuring that it was waterproof.  The documents Ex.C5 to Ex.C8 indicate  that the mobile set was water proof.  When the complainant went to the OP No.1for repairs of the mobile set, the OP no.1 prepared an estimate of Rs.27918.50, the copy of which is Ex.C3, though the phone was within warranty period and was also water proof. The job card Ex.C2 indicates that the mobile set was having “liquid Ingression”.  It was having warranty against liquid damage, therefore, the preparation of estimate Ex.C3 for Rs.27918.50 was unjustified and it amounted to deficiency in services on the part of Ops. The evidence led by the complainant completely goes unrebutted and there was no reason to disbelieve the same.

 

6.                Therefore, as a sequel to the foregoing reason, we accept the present complaint and direct the Ops either to repair or replace the mobile set of the complainant within a period of thirty days from the date of receipt of the copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced
dated:29.10.2015                                                                             

                                                                  (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                             Member.

 

 

 

 

 

 

Present:        Sh.Sameer complainant in person.

                   Ops exparte.

 

 

                   Arguments heard. Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:29.10.2015                                                                            

                                                                   (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

 (Anil Sharma)       (Smt.Shashi Sharma)    

   Member.                             Member.