By Sri.M.P.Chandrakumar,  Member :

                   The case of the complainant is that attracted by the specification, warranty and service conditions promised and exhibited by opposite party 1, 2&3 conjoint with opposite party no.5, the complainant purchase a Smartphone   with model – LENOVO VIBE K5  of Lenova India Ltd  - on 2-08-16  for Rs.6999/-  through Amazon India, through online trading.. The phone was marketed with one year warranty with quick service resolution during the warranty period. But, during the warranty period, the phone, purchased by the complainant had display problem. The complainant therefore approached the 4^th opposite party, the authorized service center of the 1^st opposite party on 4-04-17 and entrusted the phone to them.  Even though they had promised to deliver the phone free from defects within 7 working days. But, even  after a gap of five months, even though the complainant had approached the service center in person  and even contacted several time over ph+one,  the service center had not repaired the phone and handed it back.. Even today, the phone has not been returned after repairs.  As there was no positive response from the service center, the complainant approached with the matter to the company grievance cell by E-Mailing the concerns on 9-05-17. Subsequently, as per the E-mail dated 17-05-17, the authorized representative of the company promised to hand over the repaired phone, free from defects on 25-05-17.However, the phone has not been handed over, as promised. As such, the complainant E-mailed the details to the Executive Director, who also failed to act positively.. The complainant therefore, once again E-Mailed and also contacted in person the company and its authorized service center to hand back the phone. But, none of them were willing to hear the grievances. The complainant therefore issued a lawyer notice to the opposite parties on 3-07-17. The 1^st opposite party had given a reply on 20-06-17, informing that they have forwarded the complaint to their technical department for verification and necessary action. But, till then, the opposite parties have not contacted the complainant. The 5^th opposite party also gave a reply dated 14-07-17, stating that they are not responsible for the transactions between the complainant and the seller and they are only a facilitator. But, according to the complainant, the sale of this model of the Smartphone for the attractive price is available only with OP5- Amazon India, which was piloting the marketing and sale of this product this product online. The defect to the phone has created mental agony to the complainant.  As such, the action of the opposite parties amount to unfair trade practice and deficiency of service.  Hence the complaint filed with prayer to direct the opposite parties to refund Rs.6999/- with interest from the date of purchase along with compensation and cost.

                   2.Even though the opposite parties have entered appearance and expressed their willingness for settlement, they have not even filed their version  or affidavit nor furnished any documents. On the other hand the complainant has filed proof affidavit  and filed documents marked as Exts. P1 to P11.  Ext.P1 is  the invoice dated 2-08-16; Ext. P2 is the warranty card; Ext. P3 is  the service centre acknowledgement dated 4-04-17; Ext. P4 series consists of the E-mails dated 10-05-17  from the complainant to the opposite parties ; Ext. P5 series are  the E-mails dated 27-05-17  from the complainant to the  service Executive Director; Ext. P6 series are the E-mails dated 29-05-17  between the complainant and the officials of Lenovo; Ext. P7 is the copy of the lawyer notice issued by the complainant ;Ext.  P8 series are the postal receipt; Ext. P9 series   are the A/D cards; Ext. P10   is the reply notice of the 1^st opposite party dated 20-06017; Ext. P11 is the reply notice of the 5^th opposite party dated 14-07-17.

                   3.The Forum has studied the case in detail. The fact that the opposite parties have received the copy of the complaint; the fact that the opposite parties failed to file even their version; the fact that the opposite parties have neither furnished any documents or even the counter  proof affidavit in response to the complaint; the fact that even though the opposite parties have expressed through their counsels appointed, their willingness for settlement but not arrived at a settlement, the documents produced by the complainant which includes several E-mails sent to the opposite parties etc. compels the forum to come to the conclusion that the action of the opposite parties amounts to admitting the fact  that the product is defective. The product, which has been handed over to the service Centre for repairs is not yet seen handed over after repairs to the complainant .All these amounts to deficiency of service and unfair trade practice. As such, we are of opinion that the opposite parties are bound to refund the cost of the phone with interest, compensation and cost.

                   4. In the result, the complaint is allowed. The opposite parties are directed to pay Rs.6,999/-(Rupees Six thousand nine hundred and ninety nine only) to the complainant with 9 % interest for the amount from 2-8-16, the date of purchase, to the date of payment, in addition to compensation and cost of Rs.3000/-(Rupees Three thousand only) .The amount should be paid within a month of the date of receipt of this order to the complainant by OP4, the authorized service Centre of Lenovo India Private Limited at pothole, Thrissur, who can recover that amount from the manufacturer in due course.

                      Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 31^st day  of  October      2018.

        Sd/-                                                                                  Sd/-

M.P.Chandrakumar                                                       P.K.Sasi,                         

Member                                                                         President.                                                             

                                      Appendix

Complainant’s Exhibits

Ext.P1 Invoice dated 2-08-16;

Ext. P2 warranty card;

Ext. P3 service centre acknowledgement dated 4-04-17;

Ext. P4 series - E-mails dated 10-05-17 

Ext. P5 series - E-mails dated 27-05-

Ext. P6 series - E-mails dated 29-05-17 

Ext. P7 copy of the lawyer notice;

Ext.  P8 series - postal receipt;

Ext. P9 series  - A/D cards;

Ext. P10   Reply notice dated 20-06017;

Ext. P11 Reply notice dated 14-07-17                                

                                                                                          Id/-

                                                                                      Member