Jammu and Kashmir

Jammu

CC/743/2017

MANVEEN KOUR - Complainant(s)

Versus

APPLE INDIA - Opp.Party(s)

GURVINDER SINGH

20 Oct 2018

ORDER

DISTRICT    CONSUMER     DISPUTES   REDRESSAL  FORUM, JAMMU

                (Constituted under J&K Consumer Protection Act,1987)

                                                         

 Case File  No.             238/DFJ         

 Date of  Institution     03-10-2017

 Date of Decision         26 -09-2018

 

Dr.Manveen Kour,

W/O Dr.Parabjeet Singh,

R/O Gol Gujral Talab Tillo,

Jammu.

                                                                                                                                                -Complainant

                    V/S

1. Apple India Private Limited,

  19^th Floor Concorde Tower-C,

  UB City,No.24 Vitta Mallya Road,

  Banglore-560001.

2.Flipkart Internet Private Ltd.

   Ozone Manay Tech Park,56/18 and 55/09,

   7^th Floor Garvebhavipalya Hosur Road,

   Banglore,Karnataka India-560068.

3.Shreyash Retail Pvt.Ltd.No.42/1 and 43,

   Kacherakanahalli Village,Jadigenahalli Hobli,

   Hoskote Taluk Bengaluru Karnataka India-560067.

2.F1 Info Solutions & Services Pvt.Ltd.(Apple Authorised Service Centre)

  Chahal Complex,168A,Sec.1, Railway Road,Gandhi Nagar,Extension,

   Nanak Nagar,Jammu-180004.

                                                                                                                 Opposite parties

CORA

                  Khalil Choudhary -            (Distt.& Sessions Judge)   President

                  Ms.Vijay Angral                                                                Member

                  Mr.Ghulam Sarwar Chouhan                                       Member

 

In the matter of: Complaint under section 10 of J&K Consumer

                              Protection Act 1987.

      

S.Gurveer Singh, Advocate for complainant, present

Mr.Arvind Khajuria,Advocate for OP1,present.

Mr.Daleep Bhan,Advocate for  Ops 2 & 3,present.

Mr.Sushant Samnotra,Advocate for OP4,present.

 

                                      

                                                    ORDER

 

                           The present complaint is filed by the complainant on the grounds that she purchased an  Apple phone model iphone 6 16 Gb from OP2 for a sale consideration of Rs.25,040/-,on,05-10-2016 bearing IMEI No.355409076540909 (copy of bill is annexed as annexure-A)),however, after few months of the purchase the handset marred by defects like, home button got stuck, display clicking issue from button and started malfunctioning and the complainant through her husband Prabhjeet Singh approached authorized service centre,i.e.OP4,on,30-01-2017  for rectification of defects occurred in the handset(copy of job sheet Annexure-B) and OP4 replaced the handset with a new handset with IMEI No. 355405077283127,but again new Iphone did not function properly and was suffering with same problem i.e.iPhone home button stuck issue, complainant again through her husband approached OP4 for rectification of defects in the handset on,04-05-2017(copy of job card is annexed as Annexure-C).Complainant further submitted that OP4 again replaced the handset with a new Iphone 6 with IMEI No. 355393076156314,but even after replacement of the handset by OP4,the handset did not function properly and developed a number of defects such as, Face time Camera foam misalignment issue, battery draining issue and home button issue, complainant again approached OP4 through her husband and OP4 took the handset and gave job card dated 11-09-2017 and repaired the handset and handed over to complainant(copy of job card annexed as Annexure-D)Further allegation of complainant is that she repeatedly approached  through her husband to OP4 for rectification of defects, but the Ops failed to remove the defects, and same, according to complainant were manufacturing in nature, therefore, in the final analysis, for deficiency in service, complainant prays for refund of cost of handset to the tune of Rs.25,040/-alongwith interest and in addition, prays for compensation under different heads to the tune of Rs.60,000/-

                      On the other hand OP1 in his objections has stated while taking the main objection that complainant had  purchased said Iphone was from OP2 who is not the authorized dealer/reseller of OP1.The complainant mentioned that she experienced some alleged issues with device like home button was stuck and display issues to which the complainant through her husband approached OP4 who is the authorised service centre of OP1,on.30-01-2017 to which Service Delivery challan dated 08-02-2017 was issued Annexure-R2 and OP 4 diagnosed the device and found the said issues with device. The said iPhone was replaced with a new iPhone 6 bearing IMEI No. 355405077283127,but the complainant experienced the same problem with the new device as well. Complainant again through her husband approached OP4 for the same problems i.e.iPhone home button stuck on,04-05-2017.The OP4 inspected the said iPhone and replaced the device with a new iPhone 6 bearing IMEI No. 355393076156314 for the second time a Service Delivery Challan dated 08-05-2017.Further stand of OP1 is that complainant after few months again through her husband visited OP4 on,11-09-2017 for the issue i.e.battery draining issue,face time camera issue4,home button issue to which OP4 diagnosed the said iPhone and repaired the device and the issues were resolved and was returned back to complainant in working condition to which the Service Delivery challan dated 21-09-2017 (Annexure-R4).Thereafter complainant again visited OP4 for battery backup issue,OP4 diagnosed the device and found that the device had liquid damaged and there was unauthorized modification and also battery issue and so the device was returned back to complainant without repair. Lastly it is prayed that the complaint may be dismissed.

        At the same time,OP2 filed written version and resisted the complaint on the ground that it is online market place/platform/technology and facilitate sellers and buyers for completion of transactions.

             Version of OP3 is that it is carrying on the business of sale of goods/manufactured/produced by others and is also registered seller on the website Flipcart.Comand sells products of others through the website.

                     At the same time,OP4 filed written version and totally denied the allegations in toto.

                    Complainant adduced evidence by way of duly sworn her own affidavit and affidavit of Dr.Prabhjeet Singh.The complainant has placed on record copy of retail invoice and  copies of service delivery challan.

                OP1 adduced evidence by way of duly sworn affidavit of Priyesh Poovanna Country Legal Counsel Apple India Ltd.

                     OP2 adduced evidence by way of duly sworn evidence affidavit of Mr.Satyajeet Bhattacharya,Authorised Signatory of Flipkart Internet Pvt.Ltd.

                 OP3 adduced evidence by way of duly sworn evidence affidavit of Mr.Prasanna Kumar Authorised Signatory of OP3.

                          In rebuttal OP4 has produced affidavit of Rahul Kumar Branch Incharge FI Info Solution & Services Pvt.Ltd.

              We have perused case file and heard L/Cs for the parties at length.

                          To be brief, grievance of complainant is that she purchased handset from OP2, of Apple make for sum of Rs.25040/-on, 05-10-2016,and,within warranty period, same was marred by defects. Further allegation of complainant is that despite handset was being taken to OP4,but OP4 failed to rectify the defects, which were manufacturing defects in nature.

                    On the other hand, OPs,while denying the allegations of complainant in toto,went onto submit that handset has been duly rectified by service engineer of OPs,therefore,allegations of complainant are unfounded and are designed to extract money.

                        In order to support her allegations, complainant has filed duly sworn her own affidavit and affidavit of Prabhjeet Singh. At the same time, complainant also produced bill dated 05-10-2016 for sum of Rs.25040/-and copies of service delivery challan.

                     The complaint is fully supported by the affidavit of complainant and affidavit of Prabhjeet Singh,so in the given circumstances of the case, and in view of evidence on record, there is no reason to disbelieve the averments made by complainant in complaint.

                 From perusal of averments contained in the complaint, it is manifestly clear that from the very beginning, handset started giving trouble,whereas,despite repeated requests to Ops the handset could not be made  workable,therefore,in our opinion once high-end hand set purchased by complainant,obviously,without any rhyme or reason, question of grouse, regarding fault of handset would not have arisen, instead of making use of it. Rather we think Ops should have redressed grievance of complainant, who spent such huge money and banked upon such multinational brand, but it seems that instead of well coming the consumer,Ops have chosen to multiply  suffering, which of course is unwarranted and unexpected from such brand. Therefore, in the light of unrebutted averments contained in the complaint and documents on record, we are of the opinion that complainant successfully made out a case of deficiency in service by Ops.

                   Therefore, in view of aforesaid discussion, we are of the opinion that the complainant has succeeded in proving deficiency in service on the part of OPs.,as such,Ops are directed to refund consolidated sum of Rs.19,000/-to the complainant, who shall return the handset alongwith accessories to Ops. Ops shall comply the order within one month from the date of receipt of this order. The complaint is accordingly disposed of and file be consigned to records after its due compilation.

Order per President                                              Khalil Choudhary

                                                                         (Distt.& Sessions Judge)

Announced                                                              President

 26 -09-2018                                                   District Consumer Forum

Agreed by                                                                Jammu.

 

Ms.Vijay Angral          

Member        

 

Mr.Ghulam Sarwar Chauhan,

Member