Delhi

East Delhi

CC/57/2019

RAMESH KR. - Complainant(s)

Versus

LENOVO - Opp.Party(s)

29 Jan 2020

ORDER

                 CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

        CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                    Consumer Complaint no.             57/2019

                                                                                    Date of Institution                   13/02/2019

                                                                                    Order Reserved on                  29/01/2020

                                                                                    Date of Order                          30/01/2020 

In matter of

Mr Rakesh Kumar

s/o Late Ram Lal          

R/o 49A Bhagwati Garden Gali no. 10 

Laxmi Nagar, Delhi 110092 ……………..………..…………….Complainant

                                                                  

                                                                     Vs

1-M/ s Lenovo India Pvt Ltd

RO-Ferns Icon, Level 2

Doddcna Kund Village

Marathhalli Outer Road, Marathtalli Post

K R Puram, Hubli Bangaluru, 560037  

 

2-M/s Technocare Solution Pvt Ltd  

 WZ 246 B/5, Oppo. Metro Pillar 657

 Uttam Nagar, New Delhi

   

3-Strength Service Pvt Ltd

WA 88, First Floor, above ICICI Bank,

Shakarpur, Nr Balaknath Mandir

Laxmi Nagar Delhi 110092 ………………………………………Opponents.

 

Complainant’ Advocate                           Mr Jitendra Kumar Kranti     

Opponent’s                                              Ex Parte     

 

Quorum            Sh Sukhdev Singh           President

                         Dr P N Tiwari                  Member

                         Mrs Harpreet Kaur           Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case                          

Complainant purchased Lenovo mobile vide model no. XT 1902-3 having IMEI B64510039572220 from OP1/ Online on 18/02/2018 for a sum of Rs 11999/- (Ex CW1/1), but within three months of its use, developed some problem on 25/05/2018 and was taken to authorized service centre OP3 and was returned after repair the said mobile was returned to the complainant (Ex CW1/2).  

It was stated that the said handset again developed some working problems so handset was taken to OP3, but despite of repeated visit to OP3, mobile was not repaired so complaint was lodge at Mediation cell for refund of mobile cost on 06/07/2018 (Ex CW1/3), but no relief was given.  Complainant stated that he again took his mobile to OP2 on 15/08/2018 for no mobile network services and same was returned with note that mobile had Accidental damages and would require to pay charges as warranty was violated and again shown to OP2 on 14/10/2018 and mobile was taken back after putting his signatures. Thereafter filed this complaint for refund of the cost of mobile Rs 11,999/-with compensation Rs 50,000/- for mental and physical harassment and litigation cost Rs 21,000/-.

Despite of serving notices number of times none appeared so OPs were preceded Expatre. Complainant filed his ExParte evidences on affidavit and taken of record. As evidences were not controverted so presumed to be true and correct.

Arguments were heard from the complainant and after perusal of records on file, order was reserved.   

We have gone through all the facts and evidences on record. It was observed that said mobile was under warranty, but as accidental damages were noted in mobile (Ex CW1/4) so there are no merits in this complaint still we direct complainant to get his mobile repaired from authorised service centre of OP1 and damaged parts if required to be replaced and for that he had to pay the cost for the parts. OP3 will not charge their service charges. There was no deficiency in services of OP1 and OP2 so no liability can be fastened. There shall be no order to cost for compensation or any other award.  

The first free copy of this order be sent to the parties as per the Section 18 (6) of the Consumer Protection Regulation, 2005 ( in short CPR)  and file be consigned to the Record Room under Section 20(1) of CPR.

 

 

 

  (Dr) P N Tiwari  Member                                                                      Mrs Harpreet Kaur Member

 

 

                                                           Sukhdev Singh  President