BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.288 of 2014

Date of Instt. 22.08.2014

Date of Decision :26.03.2015

Raj Kumar Bhagat son of Late Sh.Tara Singh R/o 79-A, Banda Bahadur Nagar, Near Tagore Hospital, Jalandhar.

..........Complainant

Versus

1. A.V.Tech Digital Equipment Pvt Ltd situated at Apple India Pvt Ltd, 19th Floor Concorde Tower UB City No.24 Vittal Mallaya Road, Bangalore (560001) Karnataka through its Managing Director.

2. Apple I Service 186-L, Model Town Market, Opposite Nikku Park, Near Spice Tel, Model Town Road, Jalandhar through its manager.

3. The Mobile House, H.O Chadha Mobile House Pvt Ltd Regd.Office Phagwara Gate, Near Bhagat Singh Chowk, Jalandhar (144001) through its Prop./Partner.

.........Opposite parties

Complaint under section 1 2 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.SS Mehmi Adv., counsel for complainant.

Opposite parties exparte.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that the complainant purchased Apple Phone i5 16 GB having IMEI No.013621002693495 from the opposite party No.3 for a consideration price of Rs.43,500/- vide invoice/bill No.18115 dated 19.7.2014. After some time, the said phone, was not functioning properly and the same used to hang and it also transpired that the said phone was having another problem regarding colour dullness on the display screen on right side corner. The complainant visited the office of opposite party No.3 about the problem in the said phone but he was asked to approach service centre and thereafter the complainant contacted the opposite party No.2 being the authorized service centre of Apple iPhone and the complainant told about the problem to the opposite party No.2 and the opposite party No.2 assured the complainant that the said phone would be repaired in few days, thereafter the complainant visited several time to the office of opposite party No.2 but till date problems could not be sought out and also the opposite party No.2 did not replace the mobile phone and all the efforts made by the complainant proved futile. On such like averments, the complainant has prayed for directing the opposite parties to refund the price of the mobile handset i.e Rs.43,500/-. He has also claimed compensation and litigation expneses.

2. Upon notice opposite parties did not appear and as such they were proceeded against exparte.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CW1/A alongwith copies of documents Ex..C1 to Ex.C4 and evidence of the complainant was closed by order.

4. We have carefully gone through the record and also heard learned counsel for the complainant.

5. The complainant has purchased the Apple iPhone for Rs.43,500/- from opposite party No.3 vide retail invoice dated 19.7.2014 Ex.C1. According to complainant, after sometime his above said phone was not functioning properly and used to hang and further there was colour dullness on the display screen on right side corner. Further according to the complainant, he approached the opposite party No.2 but they could not rectify the problem. In support of his version, the complainant has tendered his affidavit Ex.CW1/A. He even served legal notice dated 24.6.2014 Ex.C3 upon the opposite parties alleging defects in his mobile phone. Ex.C4 is copies of postal receipts regarding dispatch of notice. The notice was sent by the complainant to the opposite parties during warranty period. The opposite parties have not come present to contest the version of the complainant. So, we do not find any convincing reason to disbelieve the version of the complainant.

6. Consequently, the present complaint is accepted and opposite parties No.1 and 2 are directed to rectify the defects in the mobile handset of the complainant within 15 days after he deposit the mobile handset with service centre i.e opposite party No.2 or any other service centre of the company and in case the defects in the mobile handset in question can not be rectified, then the said opposite parties shall refund the price of the mobile handset to the complainant or to replace the mobile handset with new one of the same make and model. The complainant is awarded Rs.3000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under the rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

26.03.2015 Member Member President