Hemant Kumar Agarwal,  S/O Late Krishna Prasand Agarwal, Resident of  Village -Tapkara Road Torpa,  P.S – Torpa, District- Khunti, Jharkhand filed this case against the opposite parties. Complainant has stated that he purchased Vivo Smart mobile online on 27/01/2020. The model of mobile was model ZIX, IMEI No- 868860044479275. Warranty period was one year from the date of purchase. The power button of the complainant mobile started giving trouble from the date 14/10/2022. Other function of the mobile was working properly. Complainant went to Vivo service center Doranda on 15/10/2020 to check his mobile. The FDO of that service center neither gave him knowledge about saving of data nor gave him receipt. The service center asked the complainant to come after two and three days later. After two and three day later complainant approached the service center and found that without the permission of complainant, mother board of that mobile replaced. On that mother board there was 128 GB data professional data, contact details, Videos, Photos, banking data  business data, of complainant. Complaint asked the vivo service center member to set a meeting with the senior officer but they misbehaved with complainant. On that very day complainant filed complaint in the Vivo companies toll free number. Complainant demanded the service center to give his data. After few days senior technician of Vivo Company talk with the complainant and accepted his mistake and denied to give complainants data. Complainant filed complains in Doranda thana. Complainant sent  E-mail on 30/10/2020 at 10:44 Am to Vivo company about  his issues on reply of this later at 12:58 Pm dated 30/10/2020 the Vivo company accepted that the data of the complainant was lost unfortunately at their service center. The FDO on his audio clip at 12:40 (p.m) had accepted the default of his service center. The technical head Manju madam had also accepted their default, on her audio clip of 20 minutes dated 28/10/2020. The manager of service center accepted their mistake and said that he will purchase a new phone for complainant for compensation. Complainant has further stated that he had approached the service center to repair his phone within the warranty period. Complainant has stated that the chalan and acknowledgement that was given to complainant by Vivo service center was fake in which the reporting time is wrong. The company destroyed the motherboard of complainant mobile phone. The complainant has claimed these amounts which are follows.

Compensation -                         200000

Litigation Cost -                         300000

Total                                       500000 (Five lakhs)

Cause of action arises on 19/10/2020. Complainant filed the case on  18/01/2022. The case admitted on 08/02/22. Notice issued on 08/02/2022. Opposite party manager Vivo service center appeared before the commission on 22/03/2022 and filed their written statement on 22/03/2022.In the written statement the opposite party has stated that the complainant has approached at our service center situated at Doranda Ranchi on 15/10/20 for issue of power on/off button. It is our policy to give best satisfaction with regard to query of the consumer and for doing the same and before getting the phone by Hemant Kumar Agarwal checked by our technician. Our FDO has informed him having the data back up for avoiding any future contingency. The same policy of informing regarding the data back up is also printed and posted at our service center notice board. It is further saying of the opposite party that after the consent of complainant the technician has raised a query to replace one of the part of motherboard as the same was not available with them at 15/10/20 so a time of three days has been asked from complainant to get these part after this the phone was returned to him. On 19/10/20 the service center contacted with complainant for availability of replacement part and called him. It is further saying of the Opposite party that with the permission of the complaint they have changed the motherboard worth Rs. 8499 free of cost as the phone was under warranty period. It is further saying of the Opposite party that due to changing of the motherboard the data lying in the phone got lost. The service center team has tried to console him for all the data lost by him but the complainant always refused to take up the responsibility of data lost and always blame up. It is saying of Opposite party that our prime concern and responsibility to make our costomer satisfied and lead him/her any problem. Mr. Agarwal in his complaint has stated that our service center executive has misbehaved but the same has not been in our work ethics. It is further saying of the Opposite party that we till want to help his but data recovery is impossible from a dead motherboard at that time too. The complaint has filed these documents which are exhibited as follow :-

In support of this case defendant has produced Annexure I and II as evidence  which are letter dated 22.03.2022 and 19.06.2022 to Zila Upbhokta Vivad Pratitosh Aayog, Khunti, Jharkhand which is marked as Exhibit – A and B..

  On the basis of pleading of the parties following issues have been framed in this case –

1. Weather the case is maintainable or not.
2. Weather  the complainant has valid  cause of action for filing the case
3. Weather the case comes under the consumer protection act.
4. Weather there has been any deficiency in service on the part of opposite party?
5. Weather the complainant entitled to the reliefs as claimed for in the complainant petition?

                                           Findings

Issue No – IV :- This is the main issue to be decided in between the parties hence this issue is taken up first for consideration and decision thereof. From the perusal of the complaint petition filed by the complainant, written statement of the opposite parties, affidavited statement of both parties, written notes of argument we found that following facts are admitted fact in this case.

1. The complainant has purchase vivo mobile on 27/01/2020 worth rupees 13383.93/-.
2.  The complainant approached vivo service center to repair his mobile on 15/10/2020.
3.  The phone was under warranty period.
4.  On 19/10/20 motherboard worth Rs. 8499/- was changed free of cost by the company as the phone was under warranty period.
5.  Due to changing in motherboard all data lying in his phone got lost.

     Complainant filed this case that due to changing of motherboard by the service center his data restored in the motherboard was lost and it is also saying of the complainant that without his consent the motherboard was changed and due to that his data was lost. But it is saying of the opposite party that with the consent of the complainant the motherboard was changed. From perusal of record it appears that complainants approached to service center to repair his mobile on 15/10/20 and due to non availability of parts on that day mobile was not repaired and on 19/10/20 service center contacted with complainant for availability of replacement part of the mobile. Complainant was called and motherboard worth of Rs. 8499 was changed free of cost. It is saying of the opposite party that with due permission they have changed the motherboard and regarding data backup plan it is submitted by the opposite party that in their service center notice board and in their front desk it is mentioned regarding data back up plan. It is further saying of the opposite party that data recovery is impossible from dead motherboard at the time too. And it is further saying of the opposite party  that everything  had happened in past was without any malafied intention from service center. Thus from the above discussion we find that Opposite Party has admitted about loss of data due to changing of motherboard without any intention. But we find that loss was done to the complainant due to deficiency in service by the service center of opposite party and it should be compensated. Accordingly we come to the conclusion that complainant has succeeded to prove his allegation and laches in the part of service of opposite party It is a clear case of default in service on the part of opposite party. Accordingly we come to the conclusion this issued is decided in favour of complainant.

Issue No.III:- It is an admitted facts that the complainant has purchased vivo mobile worth rupees 13389.93/- on dated 27/01/2020 and for repair he came to the service center on 15/10/20 were data was lost due to change of motherboard. Hence this case comes under consumer act. Accordingly this issue is decided in favour of complainant.

Issue No. I, II AND IV :- At the time of deciding issue no IV we come to the conclusion that there is deficiency in service on the part of opposite party. Thus we come to the conclusion that this case is maintainable and complainant has valid cause of action for filing the suit and we also come to the conclusion that complainant is entitled for the relief. Therefore these issues are also decided in favour of complainant

     Considering the above facts and circumstances the District Consumer Disputes Redressal Commission held that opposite party is liable for his negligency.

                             Therefore it is

ORDERED

That opposite party is directed to pay compensation amount of Rs. 30,000/- (thirty thousand rupees) and Rs. 10,000/- (ten thousand) as litigation cost to the complainant within 60 days from the date of this order and if the opposite party doesn’t give the amount within stipulated period the opposite party shall be liable to pay interest on entire amount at the rate of 8% per annum from the date of order till final payment. In case of non- compliance the complainant shall be entitled to get the order executed through process of the law.