Order No. 20 dt. 18/05/2018
The case of the complainant according to the complainant is that complainant purchased a Lenovo A-536 mobile set on 18.10.2014 from M/s Eastern Logica Infoway Ltd at 6, Chittaranjan Avenue, Kolkata-700072 at a consideration of Rs.8,500/-. But the set went out of order on 27.05.2015 and the complainant approached M/s Sonali Infonet, authorized Service Centre of Lenovo mobile set on 28.05.2015, who received the hand set and the battery only. Subsequently on 03.06.2015 the service centre received all the accessories with box for the purpose known to them. Thereafter , complainant met the personnel of the service centre on 29.05.2015, 02.06.2015,03.06.2015. On 11.06.2015 complainant met the owner of the Mobile Service Centre who assured the complainant in favour of its replacement, if necessary. But no such step had been undertaken by the authorized Service Centre. Thereafter, complainant sent a series of emails for repairing of the mobile set in question. But no tangible solution had been derived from such attempts. Finding no other alteration complainant lodged this complaint praying direction upon the o.p. to supply him a brand new Lenovo handset with compensation of Rs.50,000/- for harassment and mental agony and litigation cost of Rs.25,000/-.
O.p.nos 1 and 2 contested the case by submitting w/v. Ld lawyer of the o.p.1 and o.p.2 argued that there was no deficiency in service or unfair trade practices on the part of the o.p. Ld. lawyer added that o.p. duly honoured the warranty claims by repairing the mobile set free of cost. Ld lawyer added that complainant had not approached the authorized service centre for collection of the mobile set which was already repaired with replacement of mother board and the set was remained functional in the service centre. Ld. lawyer of the o.p.1 and o.p.2 also argued that complainant was intimated through email about the repaired status of the mobile set. Ld lawyer of o.p.1 and o.p.2 prayed that the Forum may be pleased to dismiss the case. O.p. nos.4,5 &7 also participated in the proceeding by submitting wv.
On the basis of the pleadings of parties the following points are to be decided:
- Whether there was any manufacturing defect in the set?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that complainant purchased a Lenovo A-536 mobile set on 18.10.2014 from M/s Eastern Logica Infoway Ltd at 6, Chittaranjan Avenue, Kolkata-700072 at a consideration of Rs.8,500/-. But the set went out of order on 27.05.2015 and the complainant approached M/s Sonali Infonet, authorized Service Centre of Lenovo mobile set on 28.05.2015, who received the hand set and the battery only. Subsequently on 03.06.2015 the service centre received all the accessories with box for the purpose known to them. Thereafter , complainant met the personnel of the service centre on 29.05.2015, 02.06.2015,03.06.2015. On 11.06.2015 complainant met the owner of the Mobile Service Centre who assured the complainant in favour of its replacement, if necessary. But no such step had been undertaken by the authorized Service Centre. Thereafter, complainant sent a series of emails for repairing of the mobile set in question. But no tangible solution had been derived from such attempts. Finding no other alteration complainant lodged this complaint praying direction upon the o.p. to supply him a brand new Lenovo handset with compensation of Rs.50,000/- for harassment and mental agony and litigation cost of Rs.25,000/-.
Ld. Lawyer of the o.p.s argued that there was no deficiency in service or unfair trade practices on the part of the o.p. Ld. lawyer added that o.p. duly honoured the warranty claims by repairing the mobile set free of cost. Ld lawyer added that complainant had not approached the authorized service centre for collection of the mobile set which was already repaired with replacement of mother board and the set was remained functional in the service centre. Ld. lawyer of the o.p.1 and o.p.2 also argued that complainant was intimated through email about the repaired status of the mobile set. Ld lawyer of o.p.1 and o.p.2 prayed that the Forum may be pleased to dismiss the case. O.p. nos.4,5 &7 also participated in the proceeding by submitting wv.
Considering the submission of the respective parties it is an undisputed fact that complainant purchased a Lenovo A-536 mobile set on 18.10.2014 from M/s Eastern Logica Infoway Ltd at 6, Chittaranjan Avenue, Kolkata-700072 at a consideration of Rs.8,500/-. But the set suddenly got defunct on 27.05.2015 and the complainant approached M/s Sonali Infonet, authorized Service Centre of Lenovo mobile set on 28.05.2015. Thereafter , complainant met the personnel of the service centre several times. Moreover, complainant sent a series of emails for repairing of the mobile set in question. But no tangible solution had been derived from such attempts. Finding no other alteration complainant lodged this complaint praying direction upon the o.p. to supply him a new Lenovo handset with compensation of Rs.50,000/- for harassment and mental agony and litigation cost of Rs.25,000/-. The mobile set was under warranty period of one year. After purchasing the mobile set on 18.10.2014 complainant used the mobile set for a period of seven months without any hazards. It was handed over to the authorized service centre on 28.05.2015 for repair. Due to non-availability of parts the mobile had not been repaired immediately after handing it over to the authorized service centre. Subsequently it was repaired and the service centre requested the complainant to take delivery of the same. In the mean time complainant somehow assumed the view that the mobile set might be replaced as it could not be repaired within a reasonably long period of 3 months.
It is evident that the case had been lodged on 08.10.2015. During the proceeding on 08.02.2017 Ld lawyer of o.p.1 and o.p.2 submitted that the mobile set of the complainant had been repaired and ready to deliver since August, 2015, but the complainant had not come to take delivery of the set. In view of the above position the forum had already decided that the prayer of the complainant about the appointment of an expert to determine the defect in the original mother board as contemplated by the complainant. It was decided that it would be meaning less to send the repaired mobile set to any expert as it had been repaired.
With the above points in view we hold that there was no manufacturing defect in the mobile set but there was deficiency in service on the part of the authorized service centre as it could not be repaired before lodging complaint in this Forum.
Therefore, the complainant will be entitled to get relief. Thus, all points are disposed off accordingly.
Hence, ordered.
that the case no.499/2015 is allowed on contest with cost against the o.ps. The o.ps are jointly and/or severally directed to pay compensation of Rs.500/- (Rupees five hundred) only as well as litigation cost of Rs.500/- (Rupees five hundred) only with handing over the repaired mobile set to the complainant within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
