Delhi

East Delhi

CC/764/2015

BODY SINGH - Complainant(s)

Versus

APPLE - Opp.Party(s)

21 Nov 2016

ORDER

                   DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         764 /2015

                                                                                                  Date of Institution                  01/10/2015

                                                                                                  Order Reserved on                 21/11/2016

                                                                                                  Date of Order                          09/12/2016  

                                                                                                        

In matter of

Mr. Boby Singh, adult   

R/o R G Farm House

Sahibabad, Ghaziabad….…………………………….……..…………………..….Complainant

                                                                  

                                                                     Vs

1-M/s New Star Communication  

103/3, Gurudwara Dera  Baba Karam Singh

Rashid Market, Patpargunj Road

Delhi  110051

 

2- M/s Right Solution       

C-45, 3^rd Floor, Street no. 15

Madhu Vihar, Delhi 110092

 

3- Apple India Pvt Lt

19^th Floor, Concord Tower,

U B City, NH 24, Vinod Mallya Road

Bangalore , Pin 560001 ……………………………………………..………….……Opponents

 

Complainant Advocate……………………….……….Rajesh Kumar Sharma 

Opponent 1 Advocate………………………………….Sanjay Agnihotri & Advocates.

Opponent 3………………………………………………….Priyesh Povanna -AR  

 

Quorum                                                                  Sh Sukhdev Singh      President

                                                                                 Dr P N Tiwari              Member                                                                                                    

                                                                                 Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari, Member 

Brief Facts of the case                                   

Complainant purchased an Apple mobile model no. 5S Gold with IMEI 358843054164729 on dated 07/02/2014 from OP1 for a sum of Rs 52,000/- vide invoice no. 7409 marked here as CW1/1. Two year’s insurance for service protection plan was given for sum of Rs 5200/-vide Plan reg. # RSS/11-13 receipt no. 10069 marked here as CW1/2. Besides, mobile had one year standard year warranty.   

The said mobile developed problem of touch screen display, so complaint was done with OP2 on 13/08/2014. The service engineer from OP2 visited at complainant’s place and took the mobile for repair and assured to return after seven day and issued service sheet vide s.no. 225, marked here as CW1/3. After seven days complainant did not get any reply, so again contacted OP2, but no satisfactory reply was given by OP2.  

Even after visiting personally number of times, he did not get his phone after repair. As complainant did not get the assured services by OP2, who was an authorized service centre of OP3, felt deficiency in service on the part of OP2.  Hence, he filed this complaint and claimed refund of cost of mobile RS 52,000/- with Rs 30,000/- compensation for mental harassment and 15,000/- as litigation charges.  

Notices were served. OP3 submitted written statement jointly for OP2 also, but OP1 after receiving a copy of complaint, did not submit written statement and evidences till arguments, so their stage was closed.

OP3, denied all the allegations of complainant and admitted that the said the allegations were totally wrong and false. It was stated that OP3 were a well known world vide reputed company dealing in good quality goods in electronic. It was admitted that the said mobile was purchased by complainant from OP1, but complainant had problem after one year of warranty period from the purchase date. The problems occurred on 13/08/2015 vide job card no. 225 issued by OP2 which showed ‘touch screen display broken”. OP also stated that the said mobile had no manufacturing defects or any software defects. Hence, the manufacturer/OP3 was not responsible for damage.

Both the parties submitted their evidence on affidavit which were on record. Arguments were heard and order was reserved.

We have gone through all the facts and evidence of case. It was admitted by OP3 that the said mobile had developed some problems while mobile was insured for two years and had given extended service warranty hence, OP3 has no deficiency in any type of services or had any manufacturing defect.

As OP2 did not return the mobile after repairing, establishes deficiency in service by OP2 who had also given service insurance warranty for two years and mobile was with them. This clearly establishes deficiency in service of OP2. OP1 was a seller of the mobile and as such no allegation of deficiency was seen. In addition to this, OP3 submitted that there was no soft ware and other parts manufacturer defect, so OP3 was also had no deficiency on their part. 

Thus, we come to the conclusion that complainant has proved deficiency in services of OP2.

Thus, we come to the conclusion that this complaint be allowed and following order was passed.

Order-                                                                           

1. OP2 is directed to get the said mobile repaired within 30 days from receiving of this order and hand over mobile in good working condition to complainant with two year extended warranty on the same terms and conditions.
2. If OP2 fails to comply the order in stipulated time, then OP2 will pay the cost of the mobile with 6% interest from the date of filing of this complaint till realized.
3. We also award compensation of Rs 3000/-for mental and physical harassment with Rs 1000/- as litigation charges.
4. If awarded amount is not realized in time, then same interest shall be applicable on entire award till realized.   

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

Mrs Harpreet Kaur Member                                                                         (Dr) P N Tiwari Member

 

                                                 Shri Sukhdev Singh  President