Delhi

West Delhi

CC/15/797

RAHUL KUMAR - Complainant(s)

Versus

IWORLD BUSINESS SOLUTIONS PVT. LTD. - Opp.Party(s)

19 Nov 2016

ORDER

 

 

 

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block,  Janak Puri, New Delhi – 110058

 

                                              Date of institution        :23.11.15.

 

Complaint Case No.797-15                                                                       Date of order        : 19.11.15.

            In the matter of :

RAHUL KUMAR

RZ-A-98, DABRI EXTN. GALI NO.1,

NEW DELHI-110045

                                                                                                              …Complainant

Vs.

IWORLD BUSINESS SOLUTIONS PVT. LTD.

UB-2, BUNGALOW ROAD, KAMLA NAGAR,

NEW DELHI-110007                                                                   OP-1

 

 

UNICORN INFOSOLUTIONS PVT. LTD.

FF-04A, 1^ST FLOOR, PACIFIC MALL, KHYALA ROAD,

SUBHASH NAGAR, NEW DELHI-110018                                                                                                                                                                                            OP-2

 

IQOR GLOBAL SERVICES INDIA PVT. LTD.

SHOP NO. 107, F/F, SPARK MALL, KAMLA NAGAR,

NEW DELHI-110007                                                                     OP-3

 

 

APPLE INDIA PVT. LTD.

19^TH FLOOR, CONCORDE TOWER-C

UB CITY, NO.24, VITTAL MALLYA ROAD,

BANGALORE 560001, INDIA                                                    OP-4

 

 

 

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(R.S. BAGRI, PRESIDENT)

O R D E R     

 

            Briefly case of the complainant as stated is that he purchased APPLE i Phone 5s 16GB GOLD mobile handset Serial no.352039066720386 on 16.06.15 on payment of Rs40,000/- vide invoice no   IBS/C/15-16/01438 dt16.06.15  from OP-1 with one year warranty.

            The mobile handset developed fault after few months and was delivered to OP-3 service centre on 26.09.15 for repairs. They refused to repair the Mobile handset stating that it is either dropped or damaged due to external factors. The OPs also refused to replace the mobile handset and refund cost thereof. Hence, the present Complaint for directions to OPs to either replace the mobile handset or refund cost of the set along with compensation of Rs5,000/- and other expenses of Rs3,000/- .

After notice OPs filed reply while raising preliminary objections of concealment of material and true facts, complaint is false and frivolous and the complainant violated terms and conditions of warranty by dropping or damaging the mobile handset due to external factors and prayed for dismissal of the complaint with costs.

            However, on merits purchase of the handset by complainant and delivery of handset to OPs for repair is admitted but asserted that the complainant either dropped or damaged the handset due to external factors. Which resulted into damage of seal and component of the handset. Hence, violated terms and conditions of the warranty and the OPs are not liable either to replace the mobile handset or refund cost of the handset and pay any compensation to the complainant. They once again prayed for dismissal of the complaint.

When the complainant was asked to lead evidence, he submitted affidavit dated 16.04.16 Wherein he once again narrated the facts of the complaint. The complainant in support of his version also relied upon photocopies of invoice no. IBS/C/15-16/01438 dt16.06.15 and service reports no.50000643 dt.26.09.15 and UIPL/DEL14544 dt.19.10.15. The OPs filed terms and conditions of warranty. They also filed affidavit of Sh.Priyesh Povanna and photographs.                                               

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We have heard the complainant and have gone through the record. The complainant himself has placed on record service reports no.50000643 dt.26.09.15 and UIPL/DEL14544 signed by him. Wherein it is specifically mentioned –“case declined by screening centre due to component damage, the device has been accepted subject to internal verification. If any kind of customer induced damage are found during further examination, the same will be intimated to the customer and the device will be returned without repairs.” The OPs have placed on record photographs of the mobile handset and its components. From the perusal of the photographs it reveals that the seal of the mobile handset was broken and the component was damaged at the time of delivery of the handset to OP-3. Therefore the complainant violated the conditions of the warranty given under head “WHAT IS NOT COVERED BY THIS WARRANTY’ as the seal of the handset was broken and the component was damaged at the time of delivery for repairs.

                        Therefore, the mobile handset was not within warranty at the time of delivery of mobile handset to OP-3 for repairs and the OPs are not bound by the warranty and are not liable either to  replace the mobile or refund cost of mobile handset and pay any compensation.

            In the light of above discussion and observations there is no merit in the complaint. The same fails and is here by dismissed.   

Order pronounced on   :19.11.16

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

 

                                   

 

 

(URMILA GUPTA)                                            ( R.S.  BAGRI )

                                  MEMBER                                                           PRESIDENT

 

 

 

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