BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 267 of 2021.
Date of Institution : 11.10.2021.
Date of Decision : 05.02.2024.
Gurpreet Singh son of Shri Gurdyal Singh, resident of House No. 261-A, Ward No.15, near Dharm Kanda, Rania, Tehsil Rania, District Sirsa.
……Complainant.
Versus.
1. M/s Deol Mobiles, Shiv Chowk, Circular Road, Sirsa, through its Proprietor/ Managing Director, authorized person Mob:- 94680-47506.
2. Digi Care Services, Shop No.5, Sun City Entertainments, Pvt. Limited, Delhi Road Hisar, Mob: 72905-77249, through Proprietor/ Managing Director/ authorized person.
3. Unicorn Info-solutions Pvt Limited, SCO/315, 316, 35-B Chandigarh, Mob: 82880-36004, through its Proprietor/ Managing Director/ authorized person.
4. Isquare Apple Store, Ground Floor 6, Metro Polis Mall, Opp. Midtown Grand, Delhi Road, Hisar, Mob: 81999-67600 through its Proprietor/ Managing Director/ authorized person.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
SMT. SUKHDEEP KAUR……………………MEMBER.
SH. OM PARKASH TUTEJA……………….MEMBER
Present: Sh. Chirag Jain, Advocate for complainant.
Opposite parties no.1 to 3 already exparte.
Sh. T.S. Jangra, Advocate for opposite party no.4.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as OPs).
2. In brief, the case of complainant is that on 24.04.2021 complainant had purchased one Apple Macbook Pro bearing IMEI No.FVFF9C41205D from op no.1 vide invoice no. 126 for the amount of Rs.1,22,900/- including all tax and op no.1 had given one year complete warranty. That after purchasing of above said laptop, the box was opened in the shop of op no.1 in his presence and said laptop was found top case bend and there was white spot in the display upon which op no.1 assured him that said piece will be replaced when presented before the care centre located at Chandigarh i.e. op no.3. It is further averred that complainant enquired from op no.1 that why the said laptop is damaged upon which op no.1 had named op no.4 and disclosed that said laptop has been purchased by op no.1 from op no.4. That as per guidance of op no.1, complainant sent the said laptop through his sister namely Mannu Deol to op no.3 on 27.04.2021 upon which op no.3 had assured that said piece will be replaced by the company and complaint was registered through online through op no.3. That believing upon the assurance of op no.3, the complainant returned back to his home town and due to outbreak of COVID-19, he could not visit or able to contact to ops no.1 to 4 and waited for the response. The complainant received an email on 02.08.2021 from the Apple Support upon which the company (ops no.2 and 3) had assured to him that they will contact him on the next day and a link regarding the said complaint was also attached in the email and his Apple case no. 101451506067 was also mentioned in the email. That 18.08.2021 the complainant alongwith his sister went to the customer care centre i.e. op no.2 located at Hisar and op no.2 had issued a repair acceptance form bearing Job No. HR2108180294 and assured him that laptop will be changed or will be repaired by them as soon as possible but till today no action has been taken by any of the ops and they have caused unnecessary harassment, deficiency in service and mental agony to the complainant. Hence, this complaint seeking direction to the ops to replace the laptop or to refund the billing amount of the laptop alongwith interest and also to pay Rs.two lacs as compensation for harassment and also to pay litigation expenses to the complainant.
3. Notice of the complaint was issued to the ops. Ops no.1 to 3 failed to appear despite notices and as such ops no.1 to 3 were proceeded against exparte.
4. Op no.4 appeared and filed written version raising certain preliminary objections regarding locus standi, cause of action, maintainability mis joinder and non joinder of necessary parties, suppression of material facts and that answering op is the authorized re-seller of the apple company and he is only authorized to sell the apple products on behalf of the apple company. The replacement and repair under warranty will be done by company’s authorized service centre. The warranty or guarantee claims will be entertained by the manufacturer/ authorized service centre as answering op is only the reseller on behalf of the company and that warranty of the product is given by the manufacturing company which is not arrayed as necessary party in the present complaint. On merits, it is submitted that product as alleged in the complaint is purchased by complainant from Sirsa i.e. op no.1, hence answering op is not liable for any kind. The product was sold to the customer with complete satisfaction and verification of the products. The complaint is entertained by the care centre and answering op is not liable for warranty related issue and all the service or warranty related issues were entertained by the apple authorized service centre. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.4 made.
5. The complainant in evidence has tendered his affidavit Ex.C1 and documents Ex.C2 to Ex.C12.
6. Op no.4 has tendered tax invoice Annexure R1.
7. We have heard learned counsel for complainant, learned counsel for op no.4 and have gone through the case file.
8. From the invoice Ex.C7, it is evident that on 24.04.2021 complainant had purchased Apple Macbook Pro from the opposite party no.1 for an amount of Rs.1,22,900/-. However, after purchase of above said laptop, when the box was opened in the shop of op no.1 in his presence, said laptop was found defective as its top case was bend and there was white spot in the display. The said defect is also proved from the repair acceptance form issued by Service Centre of Apple i.e. op no.3 placed on file by complainant as Ex.C8 in which problem in the laptop is mentioned as white spot in the display, top case bend. So, it is proved on record that new laptop in question purchased by complainant for such a huge amount of Rs.1,22,900/- was defective on the very date of its purchase but the ops have failed to redress the grievance of the complainant despite assurances. Even the op no.1 alongwith ops no.2 and 3 opted to be proceeded against exparte. As such complainant is entitled to refund of the amount of Rs.1,22,900/- alongwith interest from ops no.1 being retailer and op no.4 being whole-seller of the product in question since the laptop in question was defective on the very date of its purchase. The complainant is also entitled to compensation for harassment because complainant in faith and after assurances of op no.1 that laptop will be replaced took the delivery of the laptop but after every assurances of ops they failed to take any action in the matter and have caused deficiency in service, unnecessary harassment and mental agony to the complainant.
9. In view of our above discussion, we allow the present complaint and direct the opposite parties no.1 and 4 to make payment/ refund of the amount of Rs.1,22,900/- i.e. price of defective laptop to the complainant alongwith interest @6% per annum from the date of filing of present complaint i.e. 11.10.2021 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the ops no.1 and 4 to further pay a sum of Rs.10,000/- as compensation for harassment and Rs.5000/- as litigation expenses to the complainant within above said stipulated period. Both the ops no.1 and 4 are jointly and severally liable to comply with this order. The complainant have to return the defective laptop in question to the ops against proper receipt if same is with the complainant. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member Member President
Dt. 05.02.2024. District Consumer Disputes
Redressal Commission, Sirsa.
