The facts in brief of the case is that one M/S Diddan Construction, represented by Shri B.N.S.Didan, Umpling, Shillong hereinafter referred to as Complainant on 30.11.2007 purchased a Sony Ericson Walkman Mobile phone Model No. W5801 from Electro Audio Vision Police Bazar, Shillong, hereinafter referred to as Opposite Party OP for an amount of Rs 11,900/, wherein it has shown malfunction since the day of purchased i.e. no network was displayed. The Complainant had reported the matter to the OP in the month of June 2008 who sent the handset to the Authorized Service Centre at Mumbai and Complainant collected the same on 26.06.2008. Again in the month of August the handset was giving to Tech Shop, Shillong, the Authorized Service Centre for Sony Ericson and 05.08.2008 was given as delivery date while Complainant took delivery on 30.10.2008. The problem in the handset still persisted and on the next day i.e. 01.11.2008 it was again sent to Tech Shop for repair. Till date the Complainant has not collected the handset but ask for a replacement or refunding of money from the OP since the problem could not be rectified. Hence this case.
In the show cause reply the OP stated that the Complainant had failed to implead M/S Tech Shop which is the Authorized Service Centre in Shillong, Oren Infotech, the Authorized Service Centre in Mumbai and M/S Sony Ericson India Ltd the manufacturer of the mobile handset as parties in the instant case. The OP also stated that they are the Dealer of Sony Ericson India Ltd and that it only sells the products of the Company. It also mentioned that in the warranty card issued by the Company it is stipulated that In the event Sony Ericson product needs service, please visit the nearest Sony Ericson Service Centre. It also stated that the phone was duly attended by the Services Centers both in Mumbai and Shillong in the month of June, August and November 2008 and on the last occasion the Complainant had never come to collect the handset till date and that the phone was rectified and is now in a working condition, therefore there is no deficiency in service on the part of the OP.
In his rejoinder the Complainant stated that there was no dispute against M/S Tech Shop, Mumbai and Shillong nor with M/S Sony Ericson India Ltd but against the dealer who sold sub standard product. Therefore he prayed for refunding the cost of handset along with other reliefs since the problem arose during the warranty period. Complainant also stated that the Service Centers had tried their level best to rectify the same but failed due to its being defective.
Both the parties preferred not to examine any witness and were accordingly heard and they also submitted their arguments in writing before this forum. The Complainant submitted that impleading of M/S Tech Shop, Mumbai and Shillong, M/S Sony Ericson India Ltd as parties in the instant case are not required and the OP, who is the dealer is liable to replace or compensate since they have sold the sub standard quality product. That non collection of the handset till date is because the Service Centre at Shillong reported that the handset could not be made functional. Therefore the complainant never collected the handset but asked for a replacement from the OP.
The OP in his submission stressed the fact that the OP is the dealer and not liable for the defect in the handset and mentioned that after sale service is the responsibility of the authorized service centre and the company itself. That Complainant purchased the handset on 30.11.2007 and the same was functioning properly and no complaint was reported. The complaint came only in the month of June 2008 i.e 7 months after the date of purchased. Further, the OP stated that the case is bad due to non joinder of M/S Tech Shop and Sony Ericson India Ltd who played a role in repairing and manufacturing the handset. Hence, prayed for dismissal of the case.
This Forum after considering the documents filed by both parties is of the view that
1. There were no disputes regarding the defect of the handset.
2. It is a fact that the OP Electro Audio Vision is the Dealer of the Company Sony Ericson and that the Complainant had purchased the handset on 30.11.2007. The first complaint was reported on June 2008 and later on August and November 2008 where the OP directed the Complainant to take the handset to the service centre for repairing of the same.
We therefore directed the Complainant to collect the handset from M/S Tech Shop who already stated that the handset was repaired and now in working condition.
Case disposed off.
