DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 143/2018
D.No._______________________ Dated: __________________
IN THE MATTER OF:
SUBHASH CHANDRA JHA,
S/o SH. AWADH BIHARI JHA,
R/o G-2/34, 3rd FLOOR, SEC.-16,
ROHINI, DELHI-110089.… COMPLAINANT
Versus
1. LENOVO SERVICE CENTER,
155, NEAR M2K, AGGARWAL CITY PLAZA,
MANGALAM PLACE, SECTOR-3,
ROHINI, DELHI-110085.
2. LENOVO INDIA PVT. LTD.,
(MANUFACTURER)
SECTOR-49, GURGAON. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 21.02.2018
Date of decision:06.04.2019
MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 of the Consumer Protection Act, 1986 therebyalleging that the complainant booked a mobile handset model Lenovo
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K-6 Power (Dark Gray, 32 GB) on online through Flipkart on23.05.2017 and the complainant paid Rs.10,999/- vide order ID: OD109239367996520000, tax invoice no. FOYQK03118- 00239173 dated 23.05.2017. The complainant further alleged that since the 1st day of purchase, the said mobile handset is not working well and the mobile handset is having hanging problem, heating problem, charging problem and lastly the mobile handset completely dead and the complainant approached service center i.e. OP-1 for rectification of the said mobile handset and the said mobile handset is not properly rectified permanently. The complainant further alleged that the complainant is very much disturbed of the defective mobile handset and due to this the complainant has suffered loss and the complainant cannot talk to anyone and his work is suffering very much and after giving it for rectification to OP-1, it was not rectified properly/permanently as yet and in this regard, the complainant made many complaints also and the complainant accordingly alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to the OPs to refund the amount of the said mobile handset i.e. Rs.10,999/- because the said mobile handset has many defects and it has not been rectified permanently as yet by the OPs as
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well as compensation of Rs.70,000/- for causing him mental agony and harassment and has also sought litigation expenses of Rs.8,000/-.
3. Noticeswere issued to OPs through speed post for appearance on 07.03.2018 & 21.05.2018, the notice was delivered to OP-1 on 28.02.2018 as per track report and none has appeared on behalf of OP-1 and as such OP-1 has been proceeded ex-parte vide order dated 21.05.2018.Only OP-2 has been contesting the case and has filed reply/written statement wherein OP-2 submitted that the case is not maintainable and there is no deficiency in service on the part of OP-2 and the case is liable to be dismissed. OP-2 further submitted that there is neither defect in the mobile handset of the complainant nor any deficiency in service on the part of OP-2 and the problem in the mobile handset was on account of faulty use and not on account of any manufacturing defect in the mobile handset and the same had occurred due to liquid damage which is a Customer Induced Damage (CID) issue.
4. The complainant filed rejoinderand denied the contentions of OP-2.
5. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of tax invoice dated 23.05.2017 for purchase of mobile handset for a total value of Rs.10,999/- issued by Flipkart,
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copy of Customer Information dated 28.09.2017, copies of e-mailcommunications between the parties and copy of letter dated 17.11.2017 sent by the complainant to OP-2 alongwith postal receipt as well as tracking report.
6. On the other hand, Sh. Shankara Narayanan Prakash,Technical Manager-Smartphone Contact Center ofOP-2 filed his affidavit in evidence. OP-2 has also filed written arguments.
7.This forum has considered the case of the complainant in the lightof evidence of both the parties and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. It is hard to believe that the complainant will cause damage i.e. hanging problem, heating problem, charging problemand lastly the said mobile handset completely dead to his mobile handset byusing the mobile handset in improper manner. It is also not believable that the complainant will cause liquid damage in his new mobile handset and we do not find any genuineness in the defence of OP-2 and the same is not believed. The multiple problems in the mobile handset within 4 months of its purchase shows that there is some manufacturing and inherent defect in the mobile handset. Admittedly the mobile handset was within warrantee period andOPs have failed to rectify the problem in the mobile handset and as such
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OPs have indulged in unfair trade practice and there is deficiency inservice on the part of OPs. Accordingly, OP-2 being the manufacturer isheld guilty of unfair trade practice and deficiency in service.
8. Accordingly, OP-2isdirected as under:
i) To refund to the complainant an amount of Rs.10,999/- being the price of mobile handset on return of the mobile handset alongwith accessories and bill/invoice by the complainant.
ii) To pay an amount of Rs.5,000/- as compensation towards mental agony and harassment caused to the complainant.
iii) To pay to the complainant an amount of Rs.3,000/- towards cost of litigation.
9. The above amount shall be paid by OP-2to the complainant within 30 days from the date of receiving copy of this order failing which OP-2 shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. IfOP-2 fails to comply with the order within30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 6th day of April, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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