Chandigarh

DF-II

CC/305/2017

Sh. Aman Singla - Complainant(s)

Versus

Lenovo India Pvt. Ltd., - Opp.Party(s)

D.K. Singal Adv. & Ammish Goel Adv.

26 Dec 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	305 of 2017
Date  of  Institution	:	31.03.2017
Date   of   Decision	:	29.12.2017

 

 

 

 

Aman Singla s/o Late Sh.B.D.Singla, R/o H.No.2, Sector 18, Panchkula       

             …..Complainant

Versus

1]  Lenovo India Pvt. Ltd., through its Managing Director, having its Regd. Office at Ferns Icon, Level-2, Doddenakund Village, Marathhalli Outer Ringh Road, Marathhalli Post, Kr.Puram Hobli, Banglore 560037

2]  Shiv Agency through its Prop./Partner/Authorised Signatory, House NO.D-51, Sector 4, Devendra Nagar, Chattishgarh, Rapur 492001

….. Opposite Parties

3]  M/s Sant Rameshwari Enterprises, Customer Care of Lenovo India Pvt. Ltd., through its Proprietor/partner/authorised signatory having its office at SCO No.26, 1^st Floor, Sector 20-D, Chandigarh.

             …..Proforma Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

                                MRS.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

 

Argued by:

Sh.Amish Goel, Adv. for complainant.

Defence of Opposite Party NO.1 struck off

OPs No.2 & 3 exparte.

 

 

PER RAVINDER SINGH, MEMBER

 

 

          The facts in issue are that the complainant purchased Lenovo P-70 (Blue) mobile handset from Opposite Party NO.1 through Online purchase for an amount of Rs.13,993/- on 17.8.2016 (Ann.C-1).  It is averred that while promoting the phone, the OP No.1 assured that the said mobile phone supporting the function of 4G Network, which includes the VoLTE (Voice over LTE) function and that all the LTE bandwidth had already been installed in the mobile phone which supports complete 4G network in future also.  Thereafter, the complainant purchased Jio SIM, inserted it in the mobile phone in question, but shocked to see that the said Jio SIM did not start working in his phone as it did not support it.  The complainant brought this matter to the notice of Opposite Party NO.3 i.e. Customer Care of Opposite Party NO.1, who confirmed that the said phone is not supporting the VoLTE feature and due to said reason the 4G Services of Jio cannot be accessed.  It is averred that the complainant sent an email dated 25.9.2016 to Opposite Party NO.1 and in reply to it vide email dated 27.9.2016, the Opposite Party NO.1 stated that the mobile phone in question does not support VoLTE feature, but the complainant can assess the Data Connectivity.  It is averred that since the Jio SIM services are not supporting in the mobile handset in question, so the complainant had to purchase another mobile phone for availing 4G services, which caused extra financial burden on the complainant.  It is also averred that the complainant strongly agitated the matter with Opposite Party NO.1, but they did not pay any heed. It is stated that the very purpose of purchasing the mobile phone of the complainant stood frustrated as the said mobile phone does not support the VoLTE function which is a basic feature of 4G and the future ready mobile phone and that the complainant has been misguided by Opposite Party NO.1 while purchasing the mobile in question. Hence, this complaint has been filed alleging deficiency in service on the part of OPs.

 

2]       The Opposite Party NO.1 has filed reply and while admitting the factual matrix of the case, stated that the Smart Phone Model Lenovo P70 purchased by the complainant is 4G LTE enable phone, however, with limited bandwidth and the handset in question does not support VoLTE SIM.  It is submitted that the complainant being a learned person, has bought the Smart Phone in question on his own will and pleasure after verifying the features/configuration/ technical details of the same, which does not have the feature of supporting VoLTE SIM and therefore, the complainant cannot blame that the handset purchased by him is defective or that he could not use the JIO Brand SIM in it as the model purchased by him does not have the feature of supporting VoLTE SIM.  It is also submitted that the complainant cannot blames the OP NO.1 for his own wrongs.  It is further submitted that there is neither any defect in the Smart phone in question nor any shortcoming/deficiency in service on the part of OPs and for any wrongdoings of the complainant, the OPs cannot be blamed.  Pleading no deficiency in service and denying rest of the allegations, the Opposite Party NO.1 has prayed for dismissal of the complaint.

         The OPs NO.2 & 3 did not turn up despite service of notice sent through regd. post on 6.6.2017, hence they were proceeded exparte vide order dated 12.7.2017.

 

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the ld.Counsel for the complainant and have carefully examined the facts and pleadings along with entire evidence on record.

 

5]       The complainant purchased mobile phone of Lenovo P-70(Blue) for Rs.13,993/- on 17.8.2016, as per his own choice, from Opposite Party NO.1.  The Lenovo Brand P-70 Smart Mobile Phone purchased by the complainant is 4G LTE enabled phone but restricted to below bandwidth:

 

2G Network: GSM 850MHz/900Mhz/1800MHz/1900MHz

3G Network: 900MHz/2100MHz

4G Network: LTE FDD 800MHz/1800MHz/2100MHz/2600MHz.

 

6]       The said mobile phone is not designed to support VoLTE SIM.

 

7]       As per the email dated 25.9.2016 of the complainant (Ann.C-2), after the purchase of mobile in question on 17.8.2016, the complainant purchased JIO SIM, which works on VoLTE (Voice over LTE) function. The complainant has purchased the mobile phone in question as per his own choice and thereafter only has purchased the JIO SIM.

 

8]       The seller of Lenovo mobile phone cannot be held to be at fault for selling that particular mobile phone as per the demand of the complainant.  The seller was neither had the knowledge of which SIM the complainant would use in that mobile phone nor such intention was ever conveyed to the seller by the complainant. It is an admitted fact that the JIO SIM technology do not works in every mobile handset. The complainant should have himself checked this fact before buying the mobile in question and also thereafter while buying the SIM.  The facts & circumstances in the present case do not, in any way, lead to any deficiency on the part of OPs.

 

9]       Keeping into consideration the facts & circumstances of the case, the present complaint being without merit, is hereby dismissed. NO order as to costs. 

         Certified copy of this order be forwarded to the parties, free of charge. After compliance, file be consigned to record room.

Announced

29^th December, 2017                                                    

                                                                                      Sd/-  

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER