Chandigarh

DF-II

CC/97/2018

Pragya Mittal - Complainant(s)

Versus

Lenovo Service Center - Opp.Party(s)

In Person

05 Apr 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	97/2018
Date of Institution	:	12.02.2018
Date of Decision	:	05/04/2018

 

                                       

                                               

 

Pragya Mittal d/o Sr.Arun Mittal r/o HL-48-A, Phase-I, Mohali-160055, Punjab.

                                ...  Complainant.

Versus

 

1.     Lenovo Service Center, SCO 26, 1^st Floor, Sector 20-D, Chandigarh

 

2.     Lenovo (India) Pvt. Ltd., Ferns Icon, Level 2, Doddenakundi Village, Marathalli Outer Ring Road, K.R.Puram Hobli, Bangalore-560037, Karnataka.

 

3.     Rocket Kommerce LLP, No.1/B, Indo Space Logistics Park, Puduvoyal, Durainallur Village, Ponneri Taluk, Thiruvallurvar-601206, Tamil Nadu.

 

…. Opposite Parties.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by: Mr.Navin Mittal, brother of the complainant

                    OPs exparte.

 

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, she purchased a mobile phone make Lenovo Z 2 Plus through online vide invoice dated 28.08.2017 for Rs.11,999/-, having warranty of one year. However, the mobile charger was defective and as such she visited OP No.1 who told her that they had to format the mobile phone completely to factory settings and all the data was to be deleted.  When the complainant asked the logic behind formatting the mobile phone when there was problem in the charger, then she was told that the software was required to be updated.   On refusal to repair/replace the charger of the mobile phone, she wrote an e-mail to the Lenovo Customer Care Center regarding the problem but they were not able to provide any resolution to the issue.  According to the complainant, the mobile phone is working/getting charged with any other charger and the charger is not charging/working with any other device.  It has further been averred that the OPs have failed to replace the charger of the mobile phone despite the fact that the same is within the warranty period.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Despite due service through registered post, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 26.03.2018.
3.         We have heard the brother of the complainant and have gone through the documents on record.
4.         In exparte evidence, the complainant has filed her duly sworn affidavit reiterating the averments as made in the complaint.   Annexure C-1 is the Invoice regarding the purchase of the mobile phone in question Annexure C-2 is the job sheet dated 22.01.2018 vide which she approached the OP No.1 for repair of the charger.  She has also placed on record the copies of e-mails exchanged with the Lenovo India-Smartphone Customer Support regarding the problem faced by her but despite this, OPs No.1 and 2 have failed to redress his genuine problem.  The evidence led by the complainant has also gone un-rebutted and uncontroverted in the absence of any rebuttal from the side of the OPs. It can, thus, be concluded without any hesitation that either they admit the claim of the complainant or have nothing to say in the matter.    OPs No.1 and 2 have failed to resolve the issue despite the fact that the charger of the mobile phone started giving the problem within the warranty period and the same amounts to deficiency in service on their part.
5.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. OPs No.1 and 2 are directed to replace the charger of the mobile phone in question with a new one. They are also directed to pay a lump sum compensation of Rs.4,500/- to the complainant on account of the mental agony and physical harassment suffered by her as well as litigation expenses.
6.         This order be complied with by OPs No.1 and 2 , within 45 days from the date of receipt of its certified copy, failing which the awarded amount shall carry interest @9% per annum from the date of the order till its actual payment besides replacement of the charger of the mobile phone in question.
7.         However, the complaint qua OP No.3 stands dismissed.
8.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

05/04/2018 

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

(RAVINDER SINGH)

MEMBER