Order-10.

Date-18/07/2018.           

Complainant by filing this case stated that he purchased a Mobile Phone bearing model No. “LENOVO A7700, White Colour, IMEII . 862243032626114, IMEI2. 862243032636212, S/N . HGEPXBEI “ from Limton Pvt. Ltd. on 08.07.2017 against Tax Invoice No. MBOGST/07/17/695 for a sum of Rs.8,600/- (Rupees eight thousand six hundred) only by cash.  After one week of using the said Mobile, the same got totally shut down on 16.07.2017 and did not function in any way, thereafter, the Complainant went to the OP-2 on 17.07.2017 from where he purchased the said mobile. But they did not entertain the Complainant and clearly said that they were not responsible after selling the product and said that neither they would replace it, nor refund the money etc. (through it was under warranty period) and advised to contact Service Centre located at 7, Khairu Palace, Near – Broadway Hotel, Chandni Chawk Mission Café, Kolkata. Complainant visited there on 27.07.2017 with regard to above problem. After hearing the problem the Service Centre said to the Complainant that unless he paid inspection charges, they would not even touch the said Smart Phone and therefore, Complainant was bound to pay inspection charges to the Service Centre against a bill, though at the relevant point of time the said Smart Phone was under warranty period. That Service Centre inspected the said Smart Phone, took inspection charges from the Complainant and returned the said Smart Phone to the Complainant without repairing the same and stated to the Complainant that, neither they would change nor replace the said Smart Phone nor they refund any money. Due to the negligent acts of the OPs, the Complainant has suffered loss and injury due to deprivation, harassment, mental agony and loss of professional practice which he is entitled to compensation. The phone has a warranty period of 01 year. The OPs are liable for breach of contract as it has not complied with the terms of the guarantee and have acted extremely negligently in attending the complaint of the Complainant and is therefore liable to compensate the Complainant for the loss and injury caused to him. . Complainant claims a sum of Rupees One lakh (Rs.1,00,000/-) only as compensation from the OPs for harassment, mental agony and loss of professional practice, and cost of Rs.10,000/- only.

The cause of action arose on 16.07.2017 when the said phone developed faults as mentioned above and on 17,.07.2017 when the OP.2 did not attend the complaint of the Complainant and also on 27.07.2017 when the OP-1 refused to entertain the complaint of the Complainant at the above mentioned address wherefrom the Complainant purchased the said phone.

Complaint was admitted on 22.03.2018. On the next date i.e. on 18.04.2018 representative of Complainant does not file SR.  On 21.05.2018, no service report was received. On 06.06.2018, Complainant files service report of the notice. Report shows that notice was served upon OP-1 on 02.05.2018. Notice was served upon OP-2 on 28.04.2018. The OPs were absent on call. On the next date i.e. on 12.06.2018 Ld. Lawyer of Complainant was present. In spite of serving the notice upon the OPs, none appeared for the OPs on call. No W/V was filed.  18.04.2018 was fixed for filing W/V, if any by the OP-1 as last chance. Ld. Lawyer of Complainant was present, but none appears for the OPs on call.  No W/V is filed by OP-1. No W/V is filed by the OP-2. Hence the case was fixed on 09.07.2018 for ex parte hearing. Complainant is to file E/Chief and BNA as per C.P. Regulations.  On 09-07-2018, E. Chief was filed by Complainant and we proceeded for giving judgement.            

Decision with Reasons

            We have perused complaint petition, photocopy  of Invoice, photocopy  of Invoice of HCL Services Limited, photocopy  of Acknowledgement receipt as proof of delivery, photocopy of letter addressed to Lenovo India Ltd. and Limton Pvt.Ltd., photocopy  of written notes of argument of Complainant and other documents lying on record.

            Complainant purchased a mobile phone being No. LENOVO A7700, white colored, IMEI1. 862243032626114, IMEI2. 862243032636212, S/N . HGEPXBEI “. From Limton Pvt. Ltd. on 08.07.2017 against Tax Invoice No. MBOGST/07/17/695 for a sum of Rs.8,600/- (Rupees eight thousand six hundred) only by cash. From the specifications, it was evident that it was a smart phone. While purchasing, Complainant received 2 pieces of Apps free of cost.

            After one week from the date of purchase of the said mobile, Complainant faced service problem. The mobile got totally shut down on 16.07.2018 and did not function in any way. Complainant was not ready for such a problem. He could not understand and what was to be done.

            Complainant went to OP-2 on 17.07.2018 from where he purchased the said mobile, but Complainant did not get any satisfactory result after prolonged discussion. OP-2 did not entertain Complainant. OP-2 clearly stated that they were not  responsible after selling the product and informed that  neither they would replace the phone, nor would they refund money. Though the smart phone was under the cover of warranty period the OP-2 i.e. Limton Pvt. Ltd. did not take any step, by replacing the phone or refunding the money.

Complainant further went to OP-1 on 27.07.2017 for change or replacement of the same, but they stated neither they would change nor replace the smart phone. Besides, OP -2 told that unless he paid inspection charge, they would not even touch the said smart phone. Complainant was bound to pay the inspection charge of Rs.177/- to HCL Services Ltd. on 27.07.2017.

Though the OPs are liable for breach of contract, as it has not complied with the terms of warranty and have acted extremely negligently in attending to the complaint .

Complainant has faced problem after one week of the purchasing the mobile phone. The value of the Lenovo Smart Phone was Rs.8,600/-(Rupees eight thousand six hundred) only. Complainant purchased the phone from Limton Pvt. Ltd. it is obvious that Complainant would knock at the door of Limton Pvt. Ltd., if the phone developed the problem. Complainant did the same. He went to the mobile shop and showed his mobile phone. If they shrug off their responsibility, Complainant is nowhere to go. Complainant fails to understand where to go for lodging complaint. The smart phone was a Lenovo mobile. The shop must inform the concerned authority i.e. the Company and take adequate step for replacement of the mobile, because  the new Lenovo mobile stopped working for no fault of Complainant. Limton  Pvt. Ltd. or Lenovo India Pvt. Ltd. are not taking steps for the reason best known to them.

On 30.12.2017, Complainant made a request for change or replacement of the damaged mobile phone. Complainant informed that just after one week of the purchase and use of the mobile phone, problems started to appear. The battery of the said smart phone was not working, the monitor got blurry which made it difficult for Complainant  to see the incoming /outgoing  phone numbers and read the SMS clearly. The LCD screen got blackish. Complainant was surprised to experience such problems in an expensive phone. He informed the OPs 1 and 2. Complainant went to the service centre and they demanded charge for inspection, but they did not repair the same. OPs could not replace the phone, they did not refund money. So the OPs are deficient, in rendering service. Limton Pvt. Ltd. sold a phone, with major defects. So Limton displayed a gesture of unfair trade practice.

Complainant paid Rs.8,600/- for purchasing the Lenovo mobile. The OPs did not take step to replace the mobile  or refund the money. So OPs  are deficient. Complainant is entitled to the relief.

In result, the case succeeds.

Hence,

Ordered

That the complaint be and the same is allowed ex parte with cost of Rs.3,000/-

OPs are directed to jointly and severally pay Rs.8,600/- with 7 percent interest to the Complainant from 17.07.2017 till final payment within one month from the date of this order and Complainant is directed to return the old and defective mobile to Limton Pvt. Ltd.

Alternatively, OPs are directed to replace the old mobile with a new one of the same model and make, with fresh warranty within one month from the date of this order.

OPs are also directed to jointly and severally pay Rs.5,000/- towards compensation for mental agony, pain and harassment within the stipulated period.

            Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision of the C.P. Act.