Haryana

Kurukshetra

CC/392/2023

Surya Partap S/o Surender Verma - Complainant(s)

Versus

AYR Technologies - Opp.Party(s)

Gaurav Arora

26 Apr 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISISON, KURUKSHETRA

Complaint No. 392 of 2023

Date of institution: 10.11.2023

                                                Date of decision: 26.04.2024

 

Surya Partap son of Shri Surender Verma, resident of House No. 131, Jindal City, District Kurukshetra.

 

                                                                …Complainant.

Versus

 

1. AYR Technology, E-II, Indian Corporation Compound, village Dive Anjur, (Mumbai Nasik Highway) Taluka Bhiwandi, Bhiwandi, Maharashtra through its owner/proprietor/authorized signatory.
2. F-1 Info Solutions and Services Pvt. Ltd. Lajpat Nagar, Delhi through its proprietor/owner (Authorized service centre of Asus Mobile).
3. Asus India Pvt. Ltd. 402 Supreme Chambers 17/18, Shah Industrial Estate Veera Desai Road, Andheri (West) Mumbai 400053, through its Managing Director.

 

…Opposite parties.

 

•  

NEELAM, MEMBER.

RAMESH KUMAR, MEMBER.

 

•  

Shri Kailash Singh, Advocate for Op No 1.

Shri Arvind Bhardwaj, Advocate for OP No.3.

OP No.2 ex-parte.

 

• :     

 

This is a complaint under Section 35 of the Consumer Protection Act, 2019.

2. mobile phone on 09.08.2023 through courier and the phone was received with additional accessory i.e. Air Cooler, which is a necessary part of the above said phone and it is necessary to affix the above said air cooler with the phone for proper functioning. It is further averred that, since the date of delivery of the said phone, it was started giving problem, as the Air Cooler was not able to attach properly with the mobile phone without the Air Cooler the phone started giving problems such as the phone get excess heat issue and stopped working properly. In this context, he got lodged a complaint toll free number of the company and lodged a complaint on customer care service of the company regarding the malfunctioning of the phone then the company i.e. OP No.3 through e-mail send the address of the customer care centre Chandigarh to him on 12.08.2023.  After that, he approached customer care service centre at Chandigarh and the employee of the care centre refused to repair the phone and intimated him that they are unable to repair the same, as they are not authorized by the company to repair the above said model. Then again he through phone call contacted the customer care services of the company, and then the company i.e. OP No.3 assured him that they will arrange picks and drop facility of the above said phone for repair. On 25.09.2023 the company collected the above said mobile phone through blue dart courier and the phone was delivered to OP no.2 and in this regard the complaint no.IN62RA0039 given by the OP no.2 and kept the above said mobile with them and till date the mobile phone is in the custody of the OP no.2. The OPs No.2 & 3 till date neither repaired the above said mobile phone nor handed over the same to him. He several times approached and asked about the above said phone but no proper reply was given to him. Hence, this present complaint.
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6.     Learned counsel for the complainant has tendered into evidence affidavit Ex. CW1/A and documents Ex. C1 to Ex. C4 and closed the evidence on 12.02.2024 by suffering separate statement.

7.     Learned counsel for the OP No. 1 has tendered into evidence affidavit Ex. RW1/A and closed the evidence on 12.02.2024 by suffering separate statement.

8.     We have heard the learned counsel for the parties at length and have gone through the record available on the file carefully.

9.             Sh.Gaurav Arora, ld. Counsel for the complainant has argued that the complainant had purchased a Mobile, Model No. AI 2205-5D026IN Asus from the OP No.1, for a sum of Rs.99,999/-, with warranty as per norms of the company from the official website of OP No.3 along with the accessories and he received the above said mobile phone on 09.08.2023 through courier and the phone was received with additional accessory i.e. Air Cooler, which is a necessary part of the above said phone and it is necessary to affix the above said air cooler with the phone for proper functioning. He further argued that, since the date of delivery of the said phone, it was started giving problem, as the Air Cooler was not able to attach properly with the mobile phone without the Air Cooler the phone started giving problems such as the phone get excess heat issue and stopped working properly. Ld. Counsel for the complainant further argued that he got lodged a complaint toll free number of the company and lodged a complaint on customer care service of the company regarding the malfunctioning of the phone then the company i.e. OP No.3 through e-mail send the address of the customer care centre Chandigarh to him on 12.08.2023.  After that, he approached customer care service centre at Chandigarh and the employee of the care centre refused to repair the phone and intimated him that they are unable to repair the same, as they are not authorized by the company to repair the above said model. Then again he through phone call contacted the customer care services of the company, and then the company i.e. OP No.3 assured him that they will arrange picks and drop facility of the above said phone for repair. Ld. Counsel for complainant further argued that on 25.09.2023 the company collected the above said mobile phone through blue dart courier and the phone was delivered to OP No.2 and in this regard the complaint no.IN62RA0039 given by the OP No.2 and kept the above said mobile with them and till date the mobile phone is in the custody of the OP no.2. The OPs No.2 & 3 till date neither repaired the above said mobile phone nor handed over the same to him. He several times approached and asked about the above said phone but no proper reply was given to him.

10.            Sh.Kailash Singh Adhikari, authorized agent for Op No.1 has argued that the mobile phone at the initial stage was properly working and it is the manufacturing defect of the manufacturer. 

11.            The contents of complaint are true through documentary evidence which is Ex.C-1 to Ex.C-4, while opposite parties has tendered documentary evidence which is Ex.R-1 and affidavits Ex.RW-1/A and Ex.RW-3/A.

12.            The oral as well as documentary evidence is perused by us.  There is a manufacturing defect in the mobile phone purchased by the complainant. 

13.            Thus, as a sequel to abovesaid discussion, opposite parties are directed to pay the claim amount of Rs.99,999/- along with 9% penal interest to the complainant, within 45 days, from today till its realization.  Complaint is accepted with costs which is assessed Rs.11,000/-.   Opposite parties are jointly and severally liable to pay the price of mobile phone.     

14.            In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open 26.04.2024

                                                                       (Dr. Neelima Shangla)            

                                                                President,

                                                                DCDRC, Kurukshetra.

(Neelam)                (Ramesh Kumar)

Member                   Member