DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 127 of 2.4.2019

                                      Decided on:            4.1.2023.

Harpreet Singh S/o Sh.Paramjit Singh R/o H.No.656, Gali No.4, Hira Mahal Nabha, District Patiala.

                                                                   …………...Complainant

                                      Versus

1.       Manager, Customer Support, Apple India Pvt. Ltd, No.24, 19^th Floor Concorde Tower C, UP City, Vittal Mallya Road, Bangalore-560001.

2.       Sanjay Telecom, Bouran Gate, Nabha, District Patiala.

3.       Unicorn Infosolutions Pvt. Ltd., First Floor, Mittal Building Bhupindra Road, Near Columbia Hospital, Patiala-147001.

                                                                   …………Opposite Parties

Complaint under the Consumer Protection Act

QUORUM

                                      Sh. S.K.Aggarwal, President

                                      Sh.G.S.Nagi,Member    

ARGUED BY

                                      Sh.Pankaj Verma,counsel for the complainant.

                                      Sh.Vikas Walia, counsel for OP No.1.

                                      Sh.Jatinder Pal Singh, counsel for OP No.2.

                                      None for OP No.3.        

 ORDER

                                      S.K.AGGARWAL,PRESIDENT

1. The instant complaint is filed by Harpreet Singh (hereinafter referred to as the complainant) against Manager, Customer Support, Apple India Pvt. Ltd. and others (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. It is averred that on 28.2.2018, the complainant purchased mobile make Apple I Phone 6 (32)Gb having IMEI No.356646081444424 of gold colour for an amount of Rs.26000/- from OP No.2. It is averred that within 2-3 months of purchase, mobile set started giving certain problems repeatedly. On 5.1.2019 the complainant visited OP No.3 received the set from the complainant for sending the same to Banglore for proper checking etc. and gave 10 days time to the complainant .After ten days complainant collected the set but found that still the same was not working properly and left the same with OP No.3.The complainant got issued legal notice on 11.2.2019 upon the OPs but all in vain.There is thus deficiency in service on the part of the OPs.Conseqsuently, prayer has thus been made for the acceptance of the complaint.
3. Upon notice, OPs appeared through their counsels/authorized representatives and filed written statements.
4. In the written statement of OP No.1 it took various preliminary objections. On merits it is averred that the issue of automatic working of sleep/wake button is true and hence the complainant approached AASP on 5.1.2019 and submitted the device for servicing. The AASP after VMI (Visual manual investigation) found that there were dents on the device near the ringer button and a dent on the top left corner of the device. It is further averred that the AASP sent the device to repair center for further investigation and it was confirmed by service center that the damage was caused by the complainant and cannot be repaired. Receipt of legal notice is admitted by the OP.It is also admitted that the device is within the period of warranty But denied all other averments made in the complaint and has prayed for the dismissal of the complaint.
5. In the written statement filed by OP No.2 purchase of mobile set in question is admitted. Receipt of legal notice is also admitted by OP No.2. However, OP No.2 after denying all other averments made in the complaint has prayed for the dismissal of the complaint.
6. In the written statement filed by OP No.3, it also took certain preliminary objections. On merits, it is submitted that the complainant approached the OP and the phone problem reported by customer was sleep/wake button is working automatically. Iphone was reset/ restored with latest iTunes/IOS. Then working of phone was checked/compared with known good device and found that user iPhone’s sleep/wake button is loose and working automatically. Accordingly phone set sent to Authorized Apple Repair Center, Bangalore for further checking. After screening the phone its inspection failed. Hence Apple Centre denied the  services of warranty. It is further submitted that the damage to the device squarely as a result of complainant’s own negligence/fault and the OP is not liable for the same. After denying all other averments, OP No.3 has prayed for dismissal of the complaint.
7. In support of his version, the complainant tendered in evidence his affidavit, Ex.CA alongwith documents, Ex.C1 copy of bill,Ex.C2 copy of job sheet dated 5.1.2019, Ex.C3 to C5 copies of legal notice,Ex.C6 to Ex.C8 original postal receipts and closed the evidence.
8. In rebuttal Sh.Mukesh Singh, authorized signatory of OP No.3 furnished his affidavit, Ex.OPA and closed the evidence.
9. The ld. counsel for OP No.1 tendered in evidence Ex.OPB affidavit of Priyesh Poovanna, Country legal counsel alongwith documents,Ex.OP1 copy of authorization letter,Ex.OP2 copy of terms of warranty,Ex.OP3 copy of job card,Ex.OP4 copy of scanned photo copy of mobile and has closed the evidence.
10. We have heard the ld counsel of the parties and have also gone through the record of the case, carefully.
11. The only claim sought for by the complainant is to the extent that the OPs may please be directed to replace the defective iphone set with the new one or to refund the amount of Rs.26,000/- alongwith costs and compensation as the damage occurred within the warranty period.
12. The perusal of the record shows that the complainant purchased the phone in question on 28.2.2018 vide Ex.C1. The said iPhone started giving problem since after 2-3 months of its purchase which were related to earphones and it was difficult to hear what other person was saying. OP No.3 has admitted to the complaints and problems in iphone and has stated that whenever the complainant visited the service centre the problem was solved. Ultimately the complainant deposited the phone with the service center (OP No.3) on 5.1.2019 for repair vide job sheet, Ex.C2 mentioning the problem sleep/wake button is working automatically but the OPs failed to repair/replace the same. The plea of OPs is that the device had dent due to own fault of the complainant, therefore, the phone set cannot be repaired free of cost / replaced with new one. Further this observation was never made by OP No.3 when the phone was received for repair and job sheet for the same was prepared by him. This plea of the OPs is not substantiated by the cogent and reliable evidence placed on the record. Mere assertion put forth by the OPs cannot take place of proof.
13. In view of our above discussion, the complaint is allowed and the OPs No.1&2 are directed to replace the mobile set within a period of 30 days from the date of the receipt of certified copy of this order, failing which they shall refund Rs.26000/- to the complainant alongwith interest @6% per annum from the date of purchase i.e.28.2.2018.The OPs No.1&2 are also directed to pay Rs.5000/- as compensation to the complainant within the prescribed period. The OPs No.1&2 are at liberty to take possession of the old set at their own from the possession of OP No.3.
14.           The instant complaint could not be disposed of within stipulated period due to heavy rush of work, Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                                G.S.Nagi                         S.K.AGGARWAL

                                                 Member                       President