Delhi

South Delhi

CC/244/2018

NEERAJ KUMAR SINGH - Complainant(s)

Versus

CROMA - Opp.Party(s)

12 Mar 2020

ORDER

                                                          DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

 

Case No. 244/2018

Sh. Neeraj Kumar Singh

S/o Sh. T. R. Singh

R/o Sector-12, 1146 R. K. Puram,

New Delhi-110023                                                         ….Complainant

 

Versus

 

1.       Croma

          In Store/Online/Mobile

          DEL-South Ex A-048

D-14, South Ex. Part-II

New Delhi-110007

 

2.       CMD

          Infinite Retail Ltd.

          Registered Office at Unit 701-702,

          7^th Floor, Kaledonia, Saharroad, Andheri East,

          Mumbai-400069

 

3.       I World Service Centre

          Ground Floor C Wing

          Ansal Plaza, New Delhi                                       ….Opposite Parties

 

   

                                                 Date of Institution               :  21.08.18      

                                                               Date of Order        :  12.03.20

 

Coram:

Ms. Rekha Rani, President

Ms. Kiran Kaushal, Member

 

Ms. Kiran Kaushal, Member

ORDER

 

1. Briefly put, the case as pleaded by the complainant is that the complainant purchased Apple I-Phone 7 Plus 1286B F2 Black for Rs.77,900/- on 26.04.17 from Crora Store (OP No.1). The complainant also took two years of extended warranty and Rs.4000/- extra for the same to Infinity Retail Ltd. (OP No.2). Complainant  I-phone developed certain issues on 17.04.2018. It is pleaded that a line appeared on the display of the phone and the complainant visited OP No.1 on 18.04.18 for rectifying the same.
   1. OP No.1 asked the complainant to visit the authorized Service Centre of Apple I-phone i.e. I World Service Centre (OP No.3).  It is further pleaded on reaching OP No.3 the complainant was informed to revert back to OP No.1 for exchange the phone. It is further pleaded that on 19.04.18 the complainant again visited the Croma Store for either to rectify the problems in the phone or to exchange the phone.  It is submitted that he was not entertained by OP No.1, therefore harassed and aggrieved the complainant approached this Forum with the following prayers:
   1. to exchange with new I Phone.
   2. to rectify the problem of phone.
   3. Pay the damage of financial loss of Rs.80,000/-.
   4. to pay compensation for mental  harassment, mental agony, humiliation in tune of Rs.25,000/-.
   5. to impose cost Rs. one lakh each on both store for mal practices and extortion of money from the innocent person as the complainant.
   6. to grant cost of litigation expenses incurred by the complainant, in tune of Rs.25,000/-.  

 

 

2. OP-1 and OP No.2 jointly contested the claim by filing their written statement wherein it is stated inter-alia that the said phone was purchased by the complainant for sum of Rs.77,900/- alongwith two years extended warranty for a sum of Rs.3699/-. It is next pleaded that the complainant visited OP No.1 and complained about the defect in the screen of the product in dispute. OP No.1 requested the complainant to visit the Service Centre of Apple i.e. OP No.3 as the said product i.e. Apple I-phone was at that time was covered under the manufacturer’s warranty hence it was only OP No.3 that could resolve the concerned issue. It is next pleaded that the complainant approached OP No.1 again and kept persisting that OP No.1 should resolve the issue and replace the phone with the new phone which was not possible as the complainant had used the said phone for almost a year.

2.1     It is stated that OP No.1 was not in position to address the issue of the complainant. It is reiterated that as the phone was covered under the manufacture warranty the grant or rejection of any warranty claim is the prerogative of the warranty provider i.e. Apple being the manufacturer of the said I-phone and OP No.1 and OP No.2 does not have any say in the same hence it is prayed that the complaint be dismissed as the claim made by the complainant against OP No.1 and OP No.2 is completely baseless and made without responsibility.

 

3. OP No.3 was issued notice was delivered on 15.11.18 and none appeared OP No.3 to contest the case.
4. Complainant has filed rejoinder and evidence by way of affidavit reiterating whatever has been stated in the complaint. Affidavit of Aishwarya Hadkar has been filed on behalf of the OP No.1 and OP No.2.    
5. Written arguments are filed on behalf of the parties.
6. Oral submissions made on behalf of the parties are heard. Material placed on record is perused carefully.
7. Admittedly the complainant purchased an Apple mobile Phone i.e. I Phone 7 Plus 1286B F2 Black for a sum of Rs.77,900/- and extended warranty for a sum of Rs.3699/- for the said product on 26.04.17 from OP No.1 and OP No.2. It is noticed that complainant’s phone developed some problems on 17.04.2018 which is very well within the warranty period of one year provided by the manufacturer. It is for this purpose OP No.1 and OP No.2 guided the complainant to visit OP No.3 as the product was still under one year manufacturer warranty and the phone could have been rectified by OP No.3 free of cost  as the phone was still in the warranty period. The role of OP No.1 and OP No.2 is that OP No.1 is the Retailer and OP No.2 is the one who has extended warranty for two years on receiving the consideration amount of Rs.3699/-.  Thus we are of the opinion that OP No.1 and OP No.2 have been erroneously impleaded as the product was still covered under the manufacturer warranty and it was the manufacturer i.e. Apple India Pvt. Ltd. or its authorized service centre which was either to repair or replace the  product. The averments made qua OP No.3 have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant in this regard.
8. From the discussion above, we are of the opinion that OP No.3 is liable to repair the mobile phone in dispute and pay Rs.10,000/- towards harassment and litigation cost to the complainant within   a period of 45 days from the date of receipt of copy of the order.

 

10. Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

 

                                                       

Announced on 12.03.2020