Order No.   14    Dated   30/03/2016.

       The case of the complainant in short is that complainant has purchased Lenovo phone on 7.3.13, u410 model with which he was gifted with a Lenovo a60+mobile phone. After few days of usage complainant ha to send the phone to service centre in Mumbai for service as there were no service centre in Kolkata at that time. After a long wait, approx 45 days complainant received the phone repaired without box and accessories. Again after a month use the phone was not functioning properly. This time complainant gave it to the authorized service centre “T TOUCH’, Park Street, Kolkata. They called him after 20 days or more said it cannot be repaired and issued a DOA Certificate for replacing the mobile from where complainant purchased (purchased from ALCO-INFOTRECH PVT. LTD., Chandni Chowk, Kolkata). When complainant showed them the DOA paper they said they deal in Lenovo laptop and tablets only. They don’t sell smartphone. The dealer as well as the service centre told complainant to mail the company for exchanging the phone. The e-mail ID is

            Complainant has made several calls from the moment he got the DOA certificate, they have always make some excuses or the other to keep it on hold / to neglect so that complainant stops mailing / calling them and tried many times via the helpline to connect with the replacement department number but they never did it, got some people number working in Lenovo company also mailed them but they never replied back. Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.

            In spite of receipt of notices o.ps. did not contest the case by filing w/v and as such, matter was heard ex parte against the o.ps.

Decision with reasons:

            We have gone through the evidence of the complainant and documents in particular and we find that complainant has purchased Lenovo phone on 7.3.13, u410 model with which he was gifted with a Lenovo a60+mobile phone. After few days of usage complainant ha to send the phone to service centre in Mumbai for service as there were no service centre in Kolkata at that time. After a long wait, approx 45 days complainant received the phone repaired without box and accessories. Again after a month use the phone was not functioning properly. This time complainant gave it to the authorized service centre “T TOUCH’, Park Street, Kolkata. They called him after 20 days or more said it cannot be repaired and issued a DOA Certificate for replacing the mobile from where complainant purchased (purchased from ALCO-INFOTRECH PVT. LTD., Chandni Chowk, Kolkata). When complainant showed them the DOA paper they said they deal in Lenovo laptop and tablets only. They don’t sell smartphone. The dealer as well as the service centre told complainant to mail the company for exchanging the phone. The e-mail ID is

            O.ps. had not filed any w/v in this case and as such, the evidence adduced by complainant has remained unchallenged testimony and we have nothing to disbelieve the same and accordingly, we find o.ps. had made deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to refund a sum of Rs.8,000/- (Rupees eight thousand) only to the complainant and are further directed to pay compensation of Rs.7,000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.        

            Supply certified copy of this order to the parties free of cost.