Chandigarh

DF-I

CC/458/2020

Nimrat Kaur - Complainant(s)

Versus

M/s F1 Info Solutions and Services Pvt. Ltd. - Opp.Party(s)

Paramjit Batta

11 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

Nimrat Kaur (Associate Editor) aged about 45 years, D/o S.Joginder Singh, R/o H.No.2217, Sector 21-C, Chandigarh.

… Complainant

V E R S U S

1. M/s F1 Info Solutions and Services Pvt. Ltd., SCO 817-818, Sector 22-A, Chandigarh authorized service centre of Apple I phone Co. through its Manager/Owner.

     Email: M/s i Crescent, Authorized Reseller of Apple I Phone, SCO 1015, Sector 22-B, Chandigarh, through its Partner/Owner/Manager.

     Email: … Opposite Parties

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant had purchased iPhone 11 pro, from OP No.2 for Rs.1,12,000/- dated 29.01.2020 (Annexure C-1). After few days of its purchase the aforesaid iPhone started giving some software problem and it was brought to the premises of the OP No.1 and on inspection it was found the complaint of the complainant to be genuine and reset the software of the iPhone and assured the complainant that in future she will not face any kind of problem. The iPhone of the complainant again started giving some problems i.e., touch not responding, sometimes it starts auto work and hanging problem as well. The aforesaid iPhone was again brought to the premises of the OP No.2 on 02.03.2020 and accordingly by mentioning the defects in the iPhone which is still under warranty, the OPs issued a job Card dated 02.03.2020 (Annexure C-3). After 3 days i.e., on 05.03.2020 the aforesaid iPhone was returned to the complainant by the OP No.2 by informing her that now the iPhone will not give any problem to her as they have changed the screen of the iPhone and the necessary parts in the phone and software as well. After about 2 months of the use of the iPhone by the complainant, the iPhone suffered from the same problem, as reported earlier vide Annexure C-4. The complainant approached the OPs with a written request on 19.05.2020 (Annexure C-5). Despite several efforts made by the complainant no satisfactory response has been received from the side of OPs nor any solution is provided to the complainant till date. Hence, is the present consumer complaint.
2.     OP No.1 contested the consumer complaint, filed its written reply and stated that there is no manufacturing defect in the iPhone and the same is very much clear from the service delivery challan dated 29.05.2020 (Ex.OP-1/4). As such, the complainant is not entitled for either replacement or refund of the amount as claimed. It is further stated that the present consumer complaint is liable to be dismissed due to non-joinder of necessary parties as the complainant has not impleaded Jagjit Publishing Pvt. Ltd. in the array of parties as mentioned in the alleged bill Annexure C-1. On these lines, the case is sought to be defended by OP No.1.
3.     Notice of the complaint was sent to OP No.2 seeking its version of the case. However, nobody appeared on behalf of OP No.2 despite service, therefore, it was proceeded ex-parte on 25.01.2021.
4.     No rejoinder was filed by the complainant.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the OP No.1 and have gone through the record of the case.
7.     On perusal of complaint, it is gathered that the main grievance of the complainant is that after purchase of the mobile phone from OP No.2, it started giving the problems with regards to the screen touch, after around a month from its purchase. The complainant was not satisfied with the repairs and sought refund of the purchase price of the mobile phone.
8.     On perusal of Annexure C-1, it is observed that the complainant purchased the mobile phone for Rs.1,12,000/- on 29.01.2020 from OP No.2.
9.     On perusal of Annexure C-3, it is observed that the complainant handed over the mobile phone to the OP No.1, the authorized service centre for touch screen problem on 02.03.2020. The same was repaired to the satisfaction of complainant and delivered on 05.03.2020.
10.     On perusal of Annexure OP-1/4, it is observed that the mobile was handed over again to OP No.1, on 19.05.2020 and the same was kept under observation for 10 days and none of the issues reported were found. The complainant has signed on the satisfactory report with regard to the performance of the product.
11.     In view of the above discussion, we are of the view since the said mobile phone in question was repaired satisfactorily during warranty period and subsequent no such issue was reported, hence, no case is made out for replacement of mobile phone and question for refund of price of mobile phone does not arise. The complainant has failed to prove her case. In view of the above discussion, we do not find any deficiency in service or unfair trade practice on the part of the OPs. Accordingly, the consumer complaint, being meritless, is hereby dismissed, leaving the parties to bear their own costs.
12.     Pending miscellaneous application, if any, also stands disposed of.
13.     Certified copies of this order be sent to the parties free of charge. The file be consigned.