Chandigarh

DF-I

CC/593/2020

Ankush Thakral - Complainant(s)

Versus

Helios Watch Store by Titan - Opp.Party(s)

Mohit Garg

01 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                                     

Consumer Complaint No.	:	CC/593/2020
Date of Institution	:	16/12/2020
Date of Decision	:	01/12/2022

 

 

Ankush Thakral aged 27 years s/o Sh. Ashok Thakral r/o H.No.2550, BSNL Telehos Society, Sector 50, Chandigarh.

… Complainant

V E R S U S

Helios Watch Store by Titan through its Director having its store at SCO No.51, Shopping Plaza, Sector 17-E, Chandigarh.

… Opposite Party

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                                                               

ARGUED BY	:	None for complainant
	:	Sh. Vivek Sheoran, Counsel for OP

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Sh.Ankush Thakral, complainant against the opposite party (hereinafter referred to as the OP).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that the complainant had purchased a Mavado (in fact Movado) watch from the OP vide invoice dated 27.7.2020 (Annexure C-2) for an amount of ₹27,090/-.  At the time of purchase of the said watch, OP had assured the complainant that the watch alongwith the strap has lifetime warranty and in case of any breakdown or defect, OP shall repair the watch free of cost and in case of damage to the watch, same is not repairable, but the OP shall replace the same i.e. watch/strap free of cost. In the month of September 2020, the complainant was shocked to see that the strap of the watch got defective as the same started peeling from both the corners. On the same day, complainant informed the OP telephonically, but, it did not pay any heed to the said request.  Thereafter, the complainant visited the store of the OP at Sector 17, Chandigarh for replacement of the strap, but, the OP had demanded an amount of ₹16,000/- for the same.   It is further alleged that as the OP had neither rectified the defect nor they have replaced the strap of the watch, there is deficiency in service on its part and the complainant is entitled for the reliefs, as prayed for.  Hence, the present consumer complaint.
2. OP resisted the consumer complaint and filed its written reply, inter alia, taking preliminary objections of maintainability, estoppel, locus standi and also that the subject strap was not covered under warranty.  On merits, admitted that the aforesaid watch was purchased by the complainant from the OP, but, the strap of the same was not covered under warranty.  It is further alleged that the warranty does not cover leather strap, hence the OP had refused to replace the strap and had shown the complainant new payable strap for replacement. The operating instructions warranty and service guide (Ex.OP-2) categorically reveals the manner in which the said strap be used by the customer and also that the same is not covered under the warranty. The cause of action set up by the complainant is denied.  The consumer complaint is sought to be contested.
3. In rejoinder, complainant re-asserted his claim put forth in the consumer complaint and prayer has been made that the consumer complaint be allowed as prayed for.

2. In order to prove their case, parties have tendered/proved their evidence by way of respective affidavits and supporting documents.
3. We have heard the learned counsel for the OP and also gone through the file carefully, including the written arguments.
4. At the very outset, it may be observed that when it is an admitted case of the parties that the subject watch alongwith strap was purchased by the complainant from the OP on 27.7.2020 and the complainant had reported about defect noticed by him in the strap to the OP telephonically in October 2020 and had also approached the OP for replacement of the strap, the case is reduced to a narrow compass as it is to be determined if there is any deficiency in service on the part of the OP as the subject strap has not been replaced by the OP  despite being covered under the warranty, as is the case of the complainant, or if the subject strap, being not covered under warranty, is not replaceable free of cost by the OP and the consumer complaint of the complainant deserves dismissal, as is the defence of the OP.
5. In the backdrop of above disputed facts between the parties, it is clear that entire case is revolving around the warranty card which admittedly OP had given to the complainant.  As per the case of the complainant, Ex.C-3 is the copy of the warranty card which provides life time warranty of the subject watch alongwith strap and as both the corners of the strap started peeling, the same being defect in the product is liable to be replaced by the OP being covered under warranty.  However, perusal of Ex.C-3 nowhere provides that the watch and strap have life time warranty and same can be replaced free of cost at any time in case of defect.  On the other hand, OP has produced Movado operating instructions warranty & service guide (Ex.OP-2) which specifically provides the instructions (at page 30 & 31) to the customer for the strap care and the same reads as under :-

                   “STRAP CARE

While the life span of a watch strap depends on your care and wearing habits, as well as the climate in which you live, proper care will extend its life.

Leather straps should be kept dry. Exposure to water may cause a leather watch strap to become brittle and eventually break. To preserve the finish of the leather, contact with perfumes should be avoided. Following exposure to chlorinated or salt water, gently damp wipe your leather strap with fresh water, and air dry.

To help preserve the natural elasticity and quality of a Series 800 ThermoResin™ or XTremeResin™ strap, rinse it using a soft cloth soaked in fresh water following exposure to salt water, chemicals or abrasive substances.

Use warm water and a neutral pH soap applied to a soft cloth to gently clean a white Series 800 ThermoResilient™ strap; then wipe with a second clean cloth dipped in warm water, or rinse carefully under warm running water. Contact with acetone and ethyl alcohol should be avoided.

A natural gum rubber or “rubber cement pick-up” (found in art supply stores) may be used to remove most surface stains from a Movado BOLD coated white leather strap or white TR90/silicone bracelet. Simply rub the natural gum gently across the soiled area until the strap/bracelet is clean.

For stains that have penetrated the surface, organic solvents like Zymol liquid leather cleaner or Columbus gel super cleaner, a de-inking roller (ethyl alcohol and propylene ink remover) or an ethyl alcohol-based solution such as Purell hand sanitizer (62% ethyl alcohol) may be used. Wipe soiled area with a soft wet cloth. Then dampen a cotton ball or soft clean white cloth with the cleansing solution, and rub soiled area gently. Repeat 2 to 3 times until stain disappears. Please test for color fastness on inside surface before applying any solution. For best results, treat all stains/soil promptly.

NOTE: Movado watch straps are not covered by the Movado watch warranty

Similarly, the aforesaid warranty instructions (at page 36) further provides as under :-

“This warranty does not cover batteries, straps or crystals, nor does it cover damage arising from normal wear, scratches, accidents or misuse, or from any alteration, service or repair performed by any party other than Movado Watch Company or one of its Authorised Service Centers.”

Thus, when the aforesaid operating instructions warranty & service guide (Ex.OP-2) clearly provides that the mobile watch straps are not covered by the Movado Watch Company, it is safe to hold that there is no deficiency in service on the part of the OP on the ground that the OP had refused to replace the subject strap free of cost to the complainant and it had offered the complainant to replace the same on payment basis. 

6. In the light of the aforesaid discussion, the present consumer complaint, being devoid of any merit, is hereby dismissed leaving the parties to bear their own costs.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 01/12/2022 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Surjeet Kaur] Member