Haryana

Karnal

CC/108/2019

Sunil Gupta - Complainant(s)

Versus

Jeeves Consumber Service Private Limited - Opp.Party(s)

20 May 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.108 of 2019

                                                         Date of instt. 25.02.2019

                                                         Date of decision:20.05.2019

 

Sunil Gupta son of Shri Satpal Gupta, resident of House no.816, Sector-6, Karnal, District Karnal, Haryana.                                                                                                          …….Complainant

                                        Versus

 

1. Jeeves Consumer Services Pvt. Ltd. through its Managing Director.

Head Office: Jeeves Consumer Services Pvt. Ltd.

#L-169, 6^th sector, 13^th Cross, Next to Bhagwathi Hospital, 150ft Ring Road, HSR Layout, Bangalore-560102.

 

                                                                      …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act. 

         

Before   Sh. Jaswant Singh……President.  

                Sh. Vineet Kaushik………Member

 

 Present:  Complainant in person.

                    Opposite party exparte.

 

                   (Jaswant Singh President)

ORDER:                     

 

                        This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant online purchased a Lenova K8 Plus Mobile, venom black having IMEI no.864829030645219 from Flipkart shopping site by online payment of Rs.8098/-. The complainant online purchased a Flipkart Protect Extended Warranty Mobile Plan for one year by online payment of Rs.385/- for his abovesaid mobile from OP through their website JEEVES.CO.IN. on dated 18.11.2017. On 18.11.2017 complainant received a mail from OP regarding successfully enabled Flipkart Protect Extended Warranty Mobile Plan with Plan Id JWEBO11AB1215 for one year from 21.09.2018 to 20.09.2018. The complainant felt a charging issue with very slow charging and calling sensor issue in his Lenovo mobile. On 5.1.2019 complainant talked to customer care executives of Jeeves company on toll free no.18004255568 for resolving this issue as the mobile was in extended warranty plan. Customer care executive told some steps over the call to resolve the issue and asked to wait for 24 hr. Executive also said if problem persist then mail us with related documents and your complaint will be registered.

2.             Further, the complainant followed all steps told by customer care executive but the problem persist. So on 7.1.2019 complainant registered a complaint on toll free number regarding mobile issue by talking to OP customer care executive. Complainant was told that one their technician pick the mobile from the home within 48 hr. and after resolving the issue they will return the mobile set in question with 7 days. Thereafter complainant contacted the OP so many times but nobody comes to pick the mobile set. After repeated calls and requests on 25.01.2019 the mobile set was picked by Blue Dirt Courier company. Jeevas company has to return the mobile after repairing within seven days as mentioned in their service terms and conditions. But complainant did not receive his mobile even after passing seven days time, so he called many times to Jeeves customer care executives to solve the issue. After passing a long time complainant received a call that we could not repair your mobile as your mobile IMEI number did not match to IMEI number in the record. Complainant asked the OP if they are facing any problem then they informed the complainant when they received the mobile about 20 days back. It is not logical that you give excuse after passing such a long time. On 16.02.2019 complainant again called to Jeeves customer care executive for status update. One of the executive said that the mobile issue has been resolved and will reach to you within 24 to 48 hours.

 3.            Further, on 18.2.2019 complainant called to Jeeves customer care but this time executive said that they could not proceed further as you have not send job sheet. Complainant was distressed as did not get his mobile after passing a long time so he asked to Jeeves customer care executives to return his mobile with/without repair with immediate effect. On 22.02.2019 complainant received his mobile but his mobile was nor repaired. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

4.             Notice of the complaint was given to the OP, who did not appear and proceeded against exparte by the order of this Forum dated 11.04.2019.

5.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C7 and closed the evidence on 13.05.2019.

6.             We have heard the complainant and have gone through the evidence on record carefully.

7.             The complainant online purchased a Lenovo mobile set of OP company. The complainant has also purchased a Flipkart Protect Extended Warranty Plan for one year by online payment from OP, which was valid from 21.09.2018 to 20.09.2019. As per allegations of complainant that the mobile set was not working properly as the charging and calling sensor issues were occurred. The complainant contacted the OP several times regarding the said issues on toll free number and lodged the complaint firstly on 7.1.2019 and after repeated requests and calling the representative of the OP pickup the mobile set from the house of the complainant on 25.01.2019.  The executive of the OP inspected the mobile set and informed the complainant after about 20 days that the IMEI of the mobile set was not matched to IMEI number in our record. After various conversations OP returned the mobile set to the complainant on 22.02.2019 without any repair. To prove his version complainant produced his affidavit Ex.CW1/A and documents Tax invoice (Ex.C1), Flipkart Protect Extended warranty (Ex.C2), copies of emails (Ex.C3 and Ex.C4), terms and conditions of Flipkart extended warranty Ex.C5, Flipkart extended warranty Tax invoice of Rs.385/- (Ex.C6) and Lenovo mobile repair bill from Lenovo Authorized service. To rebut the evidence produced by the complainant OP did not appear and opted to be proceeded against exparte. Thus, evidence of the complainant has gone completely unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. It was the duty of the OP either to rectify the mobile set of the complainant or to replace the same, but OP failed to do so. Hence, it is well proved that the act of the OP is amounts to deficient in services.

8.             As a sequel to the foregoing reasons, we accept the present complaint and direct the OP to replace the mobile set in question of the complainant with new one of the same value, same make and model which was purchased by the complainant. However, it is hereby made clear that if the mobile set of the same make and model is not available with the OP, then the OP will return the cost of the mobile set in question i.e. Rs.8098/- to the complainant. We further direct the OP to pay Rs.3300/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:20.05.2019

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

               

        (Vineet Kaushik)         

            Member