BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.39 of 2015

Date of Instt. 06.02.2015

Date of Decision :11.06.2015

Vikas Duggal R/o WD-156, Ali Mohalla, Jalandhar City.

..........Complainant Versus

1. AVTECH Digital Equipments (P) Ltd, Shop No.186-L, Model Town, Jalandhar through its Manager Ankur Pataria.

2. AVTECH Digital Equipments (P) Ltd, R-7B, Green Park Main, New Delhi-1100016 through its CMD/Authorized Signatory.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Sh.Parminder Sharma (Member)

Present: Sh.Jaswant Singh Adv., counsel for complainant.

Opposite parties exparte.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that the opposite party No.1 is the franchisee of opposite party No.2 iService Apple Care and Repair Centre and is working under the name and style of AVTECH Digital Equipments (P) Ptd, Shop No.186-L, Model Town, Jalandhar through its Manager Ankur Pataria. The opposite party No.2 is the authorized service centre of the Apple iphone company for the Apple Care and Repair and is running its business under the name and style of AVTECH Digital Equipments (P) Ltd, R-7B, Green Park Main, New Delhi-1100016 through its CMD/Authorized Signatory and having its head office at New Delhi and opposite party No.1 is its franchisee directly under its control and opposite party No.2 is responsible for the all the acts and conduct of opposite party No.1. The complainant's brand new iphone 5s Gold 16GB which was within its warranty period and it was not getting "ON", consequently it was not possible for the complainant to use such an expensive and defective phone. The complainant approached the opposite party No.1 for the solution and for removing the defect. Opposite party No.1 after checking the complainant iphone told him to bring the original bill as well as the original box and accessories of the iphone and deposit the same as the phone of the complainant is defective and it can not be repaired and opposite party No.1 will send it to the opposite party No.2 and will get the iphone replaced with brand new iphone after one week. Accordingly the complainant on 26.3.2014 handed over the iphone set alongwith original bill as well as box and accessories of the iphone to opposite party No.1 and opposite party No.1 issued a job sheet No.J2250 N 326 dated 26.3.2014 as a token of having received the same from the complainant. After one week when the complainant approached opposite party No.1 then the complainant was astonished to see the said service centre being run by opposite party No.2 was closed. Then the complainant talked to opposite party No.2 on telephone in this regard, upon which opposite party No.2 assured the complainant that within a week opposite party No.2 will reopen the service centre and will provide with the brand new iphone to the complainant. Opposite party No.2 neither re-opened the service centre and nor provided the complainant with the brand new iphone in lieu of the defective phone which was taken by opposite party No.1 for replacement with brand new iphone from the complainant. On such like averments, the complainant has prayed for directing the opposite parties to provide him brand new iphone 5s Gold 16GB or to refund Rs.50,000/- as original price of the said iphone. He has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties did not appear and as such they were proceeded against exparte.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C5 and closed evidence.

4. We have carefully gone through the record and also heard the learned counsel for the complainant.

5. Complainant gave his iphone in question to the service centre vide service report/job sheet dated 26.3.2014 as the same was defective i.e not getting on. On the job sheet Ex.C1 iService Apple Care and Repair, A unit of AVTECH Digital Equipments PVt. Ltd, is mentioned. It is in the affidavit Ex.CA of the complainant that his brand new iphone which was within warranty period and was not getting "ON" and it was not possible for him to use such an expensive and defective phone and he approached the opposite party No.1 for its solution and for removing the defect. It is further in his affidavit that opposite party No.1 after checking the iphone told him to bring the original bill as well as the original box and accessories and deposited the same as it can not be repaired and opposite party No.1 will send it to the opposite party No.2 and will get the iphone replaced with brand new iphone after one week. It is further in his affidavit that accordingly on 26.3.2014 he handed over the iphone set alongwith original bill as well as box and accessories to opposite party No.1 who issued a job sheet dated 26.3.2014 in token of having received the same from him. It is further in his affidavit that after one week when he approached opposite party No.1 was astonished to see that the said service centre being run by opposite party No.2 was closed. The complainant has placed on record copy of email Ex.C2 sent by AVTECH Digital Company to the complainant wherein it is mentioned that he will get the phone submitted as per his job sheet by the mid of August. The complainant has also produced email Ex.C4 sent by the above said company wherein it is mentioned that this is to request you i.e complainant to please wait for few more days and they have ordered iphone 5s for him but it will take another 15 days. It is further mentioned in this email that they have never refused to give the iphone and will inform as soon as it will be arranged. Before filing the present complaint, the complainant also served legal notice Ex.C5 upon opposite party No.2. The opposite parties have not come present to contest the claim of the complainant. So it appears that they have nothing to say in the matter. From the affidavit of the complainant and above said email, it is evident that iphone of the complainant is lying with opposite parties.

6. In view of above discussion, the present complaint is accepted and opposite parties are directed to give brand new iphone 5S Gold 16GB to the complainant or to refund its price to him within one month from the date of receipt of copy of this order. The complainant is also awarded Rs.5000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jaspal Singh Bhatia

11.06.2015 Member President