BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 212 of 2015
Date of Institution : 23.11.2015
Date of Decision : 21.9.2016
Ganesh Pareek son of Shri Mahesh Pareek, Advocate, District Courts Sirsa.
……Complainant.
Versus.
1. Flipkart, Pioneer Tech Solutions, 2-3-531/19/1, 1st Floor, beside overnight, Courier, DV Colony, Minister Road School, Hyderabad, Andhra Pradesh- 500003 through its Managing Director.
2. M/S B2X Service Solutions India Pvt. Ltd., City Centre Mall, Shop No.6, Ground Floor, Civil Lines, Bathinda (Punjab) through its Incharge/ Manager.
3. Apple India Private Limited, 19th Floor, Concorde Tower, “C” UB City No.24, Vittal Mallaya Road, Bangelore- 560001 through its Managing Director.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI S.B.LOHIA…………………PRESIDENT
SHRI RANBIR SINGH PANGHAL ………..……MEMBER.
Present: Sh. Rakesh Bajaj, Advocate for the complainant.
Opposite party No.1 exparte.
Sh. A.S. Kalra, Advocate for opposite parties no.2 & 3.
ORDER
The case of the complainant, in brief, is that as per advertisement of opposite party no.3 on 5.8.2015, the complainant booked iPhone 4S through op no.1 which was delivered to the complainant on 6.8.2015 by op no.1 on payment of Rs.13,490/-. The op no.1 is authorized dealer, op no.2 is its customer care centre and op no.3 is manufacturing company of iphone. At the time of purchase, the opposite parties gave guarantee of the mobile for one year. On the very next day of its purchase, the complainant noticed that the display on the screen used to disappear at any point and return of its own after few seconds. On 25.9.2015, the display completely disappeared. The complainant approached the op no.1 who sent him to op no.2 i.e. customer care centre at Bathinda (Punjab). The complainant handed over the mobile to op no.2 on 26.9.2015 and narrated problem who after checking found that there is serious problem of touch panel/ screen and assured for its repair within one week through op no.3 and prepared job sheet in this regard. However, the ops returned said mobile to the complainant on 3.10.2015 without repairing it and suggested to contact to marketing division for its replacement because snag in the mobile was beyond repair. In this manner the ops have refused to repair or replace the said mobile without any rhyme and reason and complainant has suffered harassment. The complainant also got served a legal notice upon the ops but to no effect. The complainant is entitled to compensation of Rs.50,000/- from the ops besides the costs of above said mobile. Hence, this complaint.
2. Notice of the complaint was issued to the opposite parties. Ops No.1 & 2 did not appear despite service and were proceeded against exparte.
3. Thereafter, opposite party no.2 moved an application to join the proceedings and in view of no objection of ld. counsel for complainant, op no.2 was joined in the proceedings as the case was at initial stage.
4. Opposite party no.3 i.e. manufacturer filed reply asserting therein that during the Visual Mechanical Inspection on the complainant’s iPhone conducted by op no.2, it was found that there was liquid damage and corrosion in the Main Logic Board of the mobile. Further, it was also found that one of the Liquid Contact Indicator had been triggered in the device as a result of liquid damage. After the said visual mechanical inspection, the op no.2 duly informed the complainant that his phone would be liable for out of warranty service due to liquid damage which was not attributable to op no.3 but due to the actions/ negligence of the complainant. Consequently, as per the terms of the Apple warranty implicated and applicable in the present instance, the complainant’s iphone was beyond repair and not covered under the Apple warranty and was given back to the complainant. The delivery report dated 3.10.2015 in this regard was prepared. The same is reply of the opposite party no.2.
5. The complainant has tendered in evidence his affidavit Ex.C1, invoice dated 6.8.2015 Ex.C2, copy of service report Ex.C3, copy of marks sheet of bachelor of technology of semester-8 of complainant Ex.C4, copy of legal notice Ex.C5, postal receipts and acknowledgment Ex.C6 to Ex.C9. On the other hand, the opposite parties No.2 & 3 have placed on file affidavit Ex.R1, copy of warranty card Ex.R2, copy of service report Ex.R3, copy of delivery report Ex.R4, photocopy of photograph of opened mobile Ex.R5, affidavit of Sh. Priyesh Povanna, Country Legal counsel Ex.R6 and again copy of warranty card Ex.R7.
6. We have heard learned counsel for the complainant as well as learned counsel for opposite parties No.2 & 3 and have gone through the case file carefully.
7. As per the version of the opposite parties, there was liquid damage and corrosion in the Main Logic Board of the iphone. Further, it was also found that one of the Liquid Contact Indicator had been triggered in the device as a result of liquid damage. But the opposite parties have failed to prove their version by filing any document in support of their version that liquid damage was due to negligence of the complainant. Moreover, it is an admitted fact that iphone in question went out of order during the warranty period i.e. only within one and half month from its purchase and opposite party no.2 delivered the mobile to the complainant without repair. In these circumstances, we are of the considered view that opposite parties No.2 & 3 are liable to replace the mobile phone with a new one. However, opposite party no.1 is only the supplier agency of the product between the complainant and other ops and it cannot be held negligent in any manner because it successfully got supplied the mobile in question.
8. Keeping in view of our above discussion, we accept the present complaint qua opposite parties No.2 & 3 and direct them to replace the mobile in question with a new one of same description or with a mobile of equivalent value or to refund Rs.13,490/- i.e. cost of the mobile to the complainant within one month from today. The ops No.2 & 3 are held jointly and severally liable to comply this order. A copy of this order be supplied to the parties as per rules. File be consigned to record room.
Announced in open Forum. President,
Dated:21.9.2016. Member. District Consumer Disputes
Redressal Forum, Sirsa.
