Delhi

East Delhi

CC/383/2016

SUBHASH - Complainant(s)

Versus

APPLE - Opp.Party(s)

03 Aug 2018

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.383/16

SUBHASH MASKARA

16, MAUSAM VIHAR,

DELHI-110051

•  
•  

1. APPLE INDIA PRIVATE LIMITED,
19.  

UB CITY, NO. 24,

VITTAL MALLYA ROAD,

BANGALORE 560001

 

2. B2X SERVICE SOLUTION INIDA PRIVATE LIMITED

F-25, 1S5 FLOOR ABOVE KFC, PREET VIHAR,

1.  

 

3. AGMATEL INDIA PVT. LTD.

E 366, 1^ST FLOOR AND 2^ND FLOOR,

NIRMAN VIHAR, VIKASH MARG.

DELHI 110092                                                                                                                    ….Opponents

 

Date of Institution: 27.07.2016

Judgment Reserved for: 03.08.2018

Judgment Passed on: 24.08.2018

 

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                          (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

JUDGEMENT

1. Jurisdiction of this forum has been invoked by Shri Subhash Maskara (Complainant) against           Apple India Pvt. Ltd., (OP-1), B2X Service Solution India Pvt. Ltd. (OP-2) and Agmatel India Pvt. Ltd., (OP-3) with allegations of deficiency in services.
2. Facts in brief are that the complainant was gifted MacBook Air (11 inch Mid 2013) C02L8413F5N7 by his brother-in-law, Shri Vikas Chander Singh. The said Macbook was purchased from OP-3 (Agmatel India Pvt. Ltd.,) on 12.10.2013 for Rs.69,900/- which included 4 year OEM Warranty & USB Ethernet adaptor. The complainant has stated that on 22.07.2016, he visited the service centre of OP-1 i.e. Manufacturer, where he was informed that there was “MLB Problem-Corrosion-Liquid Traces-burned and sliced with a knife, which was to be repaired under exchanged price of Rs.45,218/-. The complainant has also stated that there was no liquid spill at any point and the corrosion must have been induced at the service centre or due to manufacturing defect. It has been further stated that the complainant had got his Macbook checked from OP-2 in August 2015 vide Job Sheet ID no. DEL080815107665, thereafter complainant contacted several officials of OP-2 and OP-3, as well as customer care but his grievance was not addressed properly. The complainant thereby has prayed for directions to OPs to replace/repair or refund the cost of Mac book, compensation of Rs.1,00,000/-on account of loss in business, mental agony, harassment and Rs.10,000/- as cost of litigation.

MacBook service and support coverage, printout of Wikipedia explaining the corrosion, retail invoice in the name of Shri Vikas Chander dated 22.10.2013, warranty certificate dated 22.10.2013, letter of gift dated 26.07.2013, service report dated 22.07.2016 have been annexed with the complaint.

3. Reply was filed by OP-1 where they have taken the objection that the complainant has not approached forum with the clean hands and has concealed and suppressed the material fact. It was stated that OP-1, being the manufacturer is known for their cutting-edge technology and utmost customer satisfaction. It was stated that MacBook was damaged due to negligent handling of product, thus, rendering it to be out of warranty. It was admitted that OP-2 had taken the said Laptop for service and thereafter it was found damaged due to traces of liquid resulting in corrosion which was duly informed to the complainant. The complainant had collected his Laptop from OP-2 on 22.07.2016, the fact which has not been disclosed in the complaint, therefore, the Laptop of the complainant could be repaired under paid service. It was stated that the complainant had approached OP-2 in 04.05.2015, but there was no corrosion or liquid damage and the laptop was serviced as per warranty terms and conditions. Rest of the contents of the complaint have been denied.

Photograph of the damaged/corroded MLB, service report of dated 22.07.2016, Apple one year warranty with terms and conditions have been annexed with the reply.

Written statement filed on behalf of OP-2, however inadvertently no order was passed for taking the same on record, where they have shared the details of service provided to the complainant on different dates which is being summed up in tabular form.

	DATE OF VISIT TO SERVICE CENTER		DATE OF DELIVERY
		OS CORRUPT
		NOT POWERING ON

 

It was further submitted that the device was received on 18.07.2016 with the issue of “not powering on” Job Sheet no. DEL180716223621, with diagnosis details was issued which mentioned as “device received subject to technical verification and will be covered under warranty based on internal checking only if no physical damage/liquid damage and unauthorized modification found in the device”. The complainant was informed regarding the diagnosis of corrosion on MLB on 20.07.2016. It was further submitted that OP-2 tried to contact the complainant several time but was informed by the complainant himself that he was out of station. Rest of the contents of the complaint have been denied.

OP-3 stated that as they were mere retailer and the dispute was between the service centre and the manufacturer, therefore no deficiency in service can be attributed to them.

4. Rejoinder to the written statement of OP-1, OP-2, & OP-3 was filed, where the contents of the complaint were reiterated and those of the reply filed by OPs were denied.
5. Evidence by way of affidavit was filed by the complainant where he has reproduced the contents of the complaint and has relied on annexure with his complaint.

Smt. Priyesh Povanna, (Country Legal Counsel) was examined on behalf of OP-1 who has deposed on oath the contents of their reply and has placed reliance on Annexure R-1 and Annexure R-2 with their reply.

OP-2 got examined Shri Rahul Kaul, Central Manager of OP-2, who has also reiterated the submissions made in their reply and has got exhibited printout of system generated service report dated 04.05.2015 as Ex.DW2/1 and print out of system generated delivery report dated 05.05.2015 as Ex.DW2/2, printout of system generated service report dated 08.08.2015 and delivery report dated 10.08.2015 as Ex. DW2/3 and Ex. DW2/4 respectively, printout of system generated Jobsheet dated 18.07.2016 as Ex.DW2/5, printout of system generated customer information log as Ex.DW2/6, photo of corrosion found in device as Ex.DW2/7, copy of E.mail dated 25.07.2016 as Ex. DW2/8, and printout of system delivery report dated 26.08.2016 as Ex.DW2/9.

OP-3 failed to file evidence despite opportunity hence their opportunity to file evidence was closed.

6. We have heard arguments on behalf of complainant and counsel for OP-1 and Counsel for OP2. Perusal of the record reveals that the complainant had approached OP-2 for service of his Mac Laptop on 18.07.2016 with the problem “no powering on” for which estimate of Rs.45,218/- was given despite the fact that such product was under warranty. If we look at Ex. DW2/7 which has been relied by OP-1 as well as OP-2, which makes clear that MLB was damaged. The said MLB had damaged due to liquid ingression. The complainant himself has stated that his laptop was serviced by OP in Aug 2015, when, OP-2 had repaired the laptop under warranty in the year 2015. As for as complaint regarding “no power on” in job sheet dated 18.07.2016 is concerned the Laptop could not be repaired due to clause 4.1 of warranty terms and conditions as the liquid damage had rendered the laptop out of warranty, hence, complainant can get the same repaired only after paying the charges. Therefore, no deficiency in service can be attributed to OPs. The present complaint is dismissed being devoid of merits without order to cost.

Copy of this order be sent to both the parties as per law.

 

 

(Dr. P.N. TIWARI)                                                                               (HARPREET KAUR CHARYA)              

      MEMBER                                                                                                    MEMBER

 

                                                      (SUKHDEV SINGH)

                                                                    PRESIDENT