Today is fixed for admission hearing. Ld. Advocate for the Complainant submits that the Complainant purchased a mobile phone of model No. IQOO 9 SE bearing IMEI No. 862801059692952 from the OP for a price of Rs. 33,990/- on 30.09.22. That the Complainant was thereafter using the mobile for the past one and half year without any complain regarding its functioning. Ld. Advocate for the Complainant further submits that following the instructions of OP No.1 the Complainant wanted to upgrade the android version 14 and contracted OP No.2 on 31.01.24. But the OP No.2 inform the Complainant that the mobile phone giving for installation of android version13 suffers from the defect of mother board liquid damage. It is alleged by the Complainant that before handing over the mobile set to OP No.2 the mobile set was OK. The point to be noted is that on being asked Ld. Advocate for the Complainant fails to produce any document regarding warranty period of the mobile set in question. However, we find from the documents filed by the Complainant that the warranty will not be applicable if there is any physical/ liquid damage in the device. From the version of the Complaint it is found that the mobile in question suffers from the defect of mother board liquid damage. Though Ld. Advocate for the Complainant submits that the mobile set was OK before handing over the same to OP No.2 but there is no such document to substantiate the allegation. Moreover, whether the mobile set in question was ok or not before handing over the same to OP No.2 is not the ingredients of any deficiency of service on the part of the OP No.2. It is further mentioned that no consideration either paid or promised has been given to OP No.2 and as such no contractual relation is created in between the Complainant and the OP No.2. In view of the matters discussed above we are of the view that the instant complaint case does not deserve to be admitted. Hence, it is Ordered that the instant case No. CC/62/2024 be and the same is not admitted. The instant case is thus disposed of. Let plain copy of this order be supplied free of cost, to the Complainant / Ld. Advocate/Agent on record, by hand /by post under proper acknowledgment as per rules, for information and necessary action. The Final Order will also be available in the following Website: confonet.nic.in Dictated & corrected by me. President Member President | 
