In the court of District Consumer Forum, Gaya

Consumer Complainant Case No. - 25 of 2014

Devjani Chaudhary  D/o Deependra Chaudhary, resident of S K P Verma Road, DJ, new area, Bisar Talab, Post office- Gaya, District-Gaya....Complainant

                           V/s
Chandra studio, Peer Mansoor Road, Gaya,
2. The chief sales officer, Nikon India Private Limited, Plot No. 17, sector 32, Institutional area, Gurgaon..... Opposite Parties       

Present:
 1. Shri Ramesh Chandra Singh..... President

 2. Syed Mohtashim Akhtar....Male Member

 3. Smt. Sunita Kumari ....Female Member

          Dated:- 20^th Sep of

                                                ORDER

              1. The instant case has been filed by the Complainant Devjani Choudhary against the opposite party Chandra studio and another for breach of service and to get realization of all the money expended by him including mental agonly and physical harassment and advocate free totaling ₹No. NIKON L27-D,M model No. COOL PIX L27 BOD No.st May nd September on 7th October

              4. The main point of determination before this Court is weather the complainant has proved the deficiency in service on the part of opposite party and where she is entitled to get relief as sought for.
                        5. In support of their respective cases both parties have filed their evidences on affidavits. The complainant has filed Xerox copy of invoice of camera dated 7th October

                 6. It is admitted fact that the complainant has purchased a Nikon Coolpix L27 bearing serial number No.GYA . It has been submitted by the complainant that after 3 months from the purchasing date the said camera went out of order and she approach to the opposite party and on his advice she changed the battery of the camera on 1st May dated 24 July

          However, it is apparent from the version of both the parties that the said camera was under the warranty when it was returned to the complainant saying that the camera has been damaged due to leakage of battery and it was repairable on realizing charge.
The terms and conditions of 2 year comprehensive warranty submitted by the complainant shows that there was 2 year full warranty on the said camera.

The terms and condition as mentioned are as follows:

3.warranty confirmation will be done through the serial number tracking system / original warranty card / invoice copy of all subject to satisfaction of Nikon India officials;
4. Warranty will be limited to repair and adjustments and will be provided in India only;
5. Accessories like batteries, charges, cable, adaptor, strap etc and consumables like flash, tube, rubber grip etc will not be covered under warranty:

6. Damage caused due to accident, sand, water, dust, fungus, batteries leakage  are not covered under warranty;

7. Warranty on free gifts like memory card etc as per their respective manufactures and this warranty does not extend to such gifts;
8. Warranty does not cover the replacement of product;

9. Warranty does not cover any special, consequential or incidental damages arising in way due to malfunctions of the products such as loss of photography, loss of data, use, profits, cost or expenses etc.

10. Marine warranty creates nikon india/ nicholas right service centre will repair or replace the defective parts to rectify the problem.

10. Within warranty period Nikon India / Nikon authorized services Centre we repair or replace the defective parts to rectify the problem;
11. Nikon India reserves the right to use the re-engineered part with performances parameter equivalent to lose of new Parts for any service perform under Nikon India warranty if required. The replace parts shall be there after became the property of the Nikon India;
12. If the product is not repairable due to some technical reason and the same model is not available to replace, replacement will be provided with the updated model of closest specification the warranty period and term will be remain same as of the original product.
              7. Admittedly the said product was purchased by the complainant on 7th October

12.  We, therefore, direct the opposite party to replace the said camera or to return the cost of the camera with interest @ 8% from

           Dictated and corrected

Female Member        Male Member                          President

Sunita Kumari               Syed Mohtashim Akhtar       Ramesh Chandra Singh