Chandigarh

DF-II

CC/97/2015

Anoop Singh - Complainant(s)

Versus

Blackberry India - Opp.Party(s)

In Person

09 Nov 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	97/2015
Date of Institution	:	24.02.2015
Date of Decision	:	09.11.2015

 

                                                

                                                         

Anoop Singh son of Sh.Sajjan Singh presently residing at H.No.1513, Sector 11, Chandigarh and permanent resident of Village Ghania, Tehsil Jaito, District Faridkot, Punjab-151205.

                                      ...  Complainant.

Versus

1.      Blackberry India, No.76, Udyog Vihar 1, Gurgaon, Haryana, India through is Managing Director.

 

2.      HCL Infosystem Ltd.,  SCO No.66-67, 2^nd Floor, Sector 17-A, Near Taj Hotel, Chandigarh.

…. Opposite Parties.

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Complainant in person.

                   Sh.Amit Arora, Counsel for the OPs.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that he purchased the Blackberry Z-10 Smartphone vide Bill dated 01.06.2014, Annexure C-2.  On 06.01.2015, the mobile phone became dead and, therefore, he submitted the same with OP No.2 who asked him to collect the same on 07.02.2015. On checking the mobile phone on 07.02.2015, it was found that the data of the phone had been totally vanished.  It has further been alleged that on 06.02.2015, the mobile phone again became dead. Vide e-mail (Annexure C-3), he requested the OP No.2 that before repairing the phone, the data of the phone should be preserved as the same was very important.  It has been averred that in reply to the said e-mail, OP No.2 advised that the customer should take the data backup of their handsets (Annexure C-4).  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has filed the instant complaint.
2.           In its written statement, OP No.2 has stated that the complainant after enjoying the subject handset without any sort of defect for the period of almost twelve months approached it for the very first time on 01.06.2015 with the complaint “not loading applications. On being inspected, the service official duly updated the software of the mobile phone and the same was collected by the complainant on 01.07.2015 in excellent condition.  It has further been pleaded that on 06.02.2015, the complainant wrote an email dated 06.02.2015 alleging the issue of “lost of data” however, he never deposited the mobile phone with it on the date alleged. The said e-mail was duly replied to by the executive of the answering OP by rebutting the contents of the said email and by referring the terms of the limited warranty provided by OP No.1 to the complainant.   It has further been pleaded that as per the terms of the limited warranty, the data back is the responsibility of the customer and is not the responsibility of the blackberry, the retailer through whom he purchased the blackberry device or the authorized service providers through whom he received servicing, repair or replacement of the said device including without limitation, data lost or damaged through the use of synchronization software. The remaining allegations were denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.           The complainant filed rejoinder to the written reply of the OP No.2 controverting its stand and reiterating his own.
4.           We have heard the complainant, in person & the learned counsel for the OPs and have gone through the documents on record.
5.           The only grouse of the complainant is that he approached OP No.2 on 06.01.2015 with the software problem and OP No.2 returned the same on 07.02.2015 after its repairs by stating that the whole data of the mobile phone had been vanished and denied the replacement of the phone and recovering data. 
6.           Per contra, the case of OP No.2 is that the complainant, for the first time, approached it on 01.06.2015 and the same was repaired to the satisfaction of the complainant. 
7.           Keeping in view the facts and circumstances of the case in hand, we are of the considered view that when OP No.2 has specifically denied in its written statement that the complainant had never approached it prior to 01.06.2015  then the onus to prove the same was upon the complainant. However, he has failed to prove the same by leading any documentary evidence in this regard. He could prove the same by placing on record a photocopy of the job-sheet of that very date (06.01.2015) regarding handing over the mobile phone to OP No.2 but he did not.   
8.           As regards, the plea of recovering of the data is concerned, as per the terms of the limited warranty, it was the liability of the complainant to keep the backup of his data and not the Company.  The relevant condition under the heading Backup Your Data of the limited warranty reads as under:-

Backup Your Data

You should regularly backup your BlackBerry Device data, software, applications and information as a safeguard against possible operational issues including prior to the return of the blackberry device. Data backup is your responsibility and is not the responsibility of BlackBerry, the retailer through whom you purchased the BlackBerry device, or the authorized service provides through whom you received servicing, repair or replacement of the BlackBerry Device including, without limitation, data loss or damaged through the use of synchronization software.  Please remove any peripherals or memory and/or or any personal or confidential information prior to returning your blackberry device. During the Servicing, repair or replacement content on your blackberry device may be deleted and/or reformatted or configured as originally purchased (subject to then current updates and upgrades of software, which is subject to the blackberry solution software license agreement) and any peripherals or memory removed and not returned to you”.

                   It has been clearly mentioned in the above extracted term that during the servicing, repair or replacement, the content on the blackberry device could be deleted and/or reformatted or configured as originally purchased (subject to then current updates and upgrades of software, which is subject to the blackberry solution software license agreement) and any peripherals or memory removed and not returned to the customer.  In this view of the matter, we are of the considered view that in case any data is lost during the upgradation process of the mobile phone, then the Company cannot be held liable for the same.    The complainant has, thus, miserably failed to make any case of deficiency in service against the Opposite Parties.

9.           For the reasons stated above, the complaint is devoid of any merit and substance and the same is accordingly dismissed leaving the parties to bear their own costs.
10.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

09.11.2015

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER