Delhi

New Delhi

CC/523/2015

Pramod Kumar - Complainant(s)

Versus

F1 info Solution Services Pvt Ltd - Opp.Party(s)

02 Mar 2020

ORDER

 

                  CONSUMER DISPUTES REDRESSAL FORUM-VI

               (DISTT. NEW DELHI),

              ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                               NEW DELHI-110001

 

          Case No.C.C./523/2015                                        Dated:

          In the matter of:

            Pramod Kumar,

             34A, Radheyshyam Park,

             Delhi-110051.

         

       …… Complainant

Versus

1.   F1 Info Solutions & Services Pvt. Ltd,

206, 2^nd floor F-Block, Competent House,

Middle Circle, Connaught Place,

New Delhi-01.

Through its seller:

 

2.    Sony India Pvt. Ltd.,

A-31, Mohan Co-operative Industrial Estate,

Mathura Road, New Delhi-110044

                ……. Opposite parties

 

NIPUR CHANDNA, MEMBER

ORDER

       

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that  the complainant purchased mobile phone along with water proof guarantee  for a sum of Rs.46,500/- from Ankur Electronics, near Karkardooma Court, Delhi-32. It is alleged by the complainant that  the said mobile was the special and have exclusive features but it got faulty when it got wet.  Thereafter, the mobile in question was  handed over  to the service centre for repairing on 6.7.2015 at OP-1 and after 7 days they demanded a sum of Rs.33,000/- as repairing cost.  Before handover the mobile phone to the service centre the alleged phone was in working condition, only touch was not working but after denying to repair they handed over same to the complainant in dead condition. Alleging deficiency on the part of OP the complainant prayed for refund of the  phone price i.e. Rs. 46,500/-.

2.     The OPs were noticed and filed written statement denying all allegations against them. It was stated by OP that  the complainant approached  OP-1 after the expiry of the warranty period . The handset  was purchased  on 07/06/2014  and the complainant  approached  OP-1  on 06/07/2015 exactly after 1 month  from the date of expiry of the aforesaid handset. It was also stated that  the handset was brought in a physically damaged condition and the said damage  occurred  to the handset consequently resulted in liquid ingression.   It is further stated that the warranty of the mobile in question already stands void, hence the cost of repairing is to be bear to the complainant and prayed the dismissal of the complaint on the above ground.

3.     Both the parties have  filed their evidence by way of affidavit.  

4.     We have heard argument advance at the Bar by the complainant and have perused the record.

5.     Perusal of the file shows that complainant purchased the mobile on 07/06/2014  and the complainant  approached  OP-1  on 06/07/2015 exactly after 1 month  from the date of expiry of the warranty of the  handset. After physical verification by OP-1, it was found that there is a problem of liquid ingression in the handset  and it required the repairing.  The complainant was asked to pay the repairing charges which he refused to pay.  The complainant has filed the present complaint on 5.9.2014 i.e after the expiry of the warranty period. The complainant has enjoyed the service of the handset in question for t one  year and after that he approached this Forum in the month of September  2014, alleging the handset to be a dead one.  The complainant had failed to place on record any single document which shows that the OP is liable to repair the  handset in question without taking any repairing cost after expiry of warranty.

6.     In view of the above discussion, we are of the considered view that, the complainant failed to establish the case of deficiency in services against the OPs.  We find no merits in the present complaint, same is hereby dismissed.

This final order be sent to server (www.confonet.nic.in ). A copy each of this order be sent to both parties free of cost by post. File be consigned to Record Room.

Announced in open Forum on  02/03/2020.

 

 

 

(ARUN KUMAR ARYA)

          PRESIDENT

(NIPUR CHANDNA)                                                  (H M VYAS)

       MEMBER                                                                MEMBER