Delhi

New Delhi

CC/2/2017

Krishan Avtar Bhardwaj - Complainant(s)

Versus

M/s Lenovo India Pvt - Opp.Party(s)

04 Sep 2018

ORDER

 

 

                      CONSUMER DISPUTES REDRESSAL FORUM-VI

                     (DISTT. NEW DELHI),

                     ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                               NEW DELHI-110001

 

Case No.C.C./02/2017                                          Dated:

In the matter of:

Sh. Krishan Avtar Bhardwaj,

S/o Sh. Naresh Bhardwaj,

R/o H.No.E-51/2, Gali No.3,

Bhagirithi Vihar, Delhi-110094.

                …… Complainant

 

Versus

1. M/s Lenovo India Pvt. Ltd.,

Through its CEO/General Manager,

Vatika Business Park, 1^st Floor,

Badshahpur Road, Sec.49,

Sohana Road, Gurugram, Harayana-122001.

 

 

Also at:

 

M/s Lenovo India Pvt. Ltd.,

Ferus Icon Level 2, Dodderkandi Village,

Marathalli Outer Ring Road,

K.R.Puram, Hobli, Bangalore-560037,

Karnataka.

 

2. M/s Pick Solution India Pvt. Ltd.,

Authorized Service Center,

           F-1, 1st Floor, Bhagat Singh Marg,

              Near Gole Market,

           Connaught Place, New Delhi-110001.

 

3. WS Retail Service Pvt. Ltd.,

Through its CEO/General Manager,

Khasra No.435, Road No.04,

Lal Dora Extension,

Mahipalpur, Delhi-110037.

 

                ……. Opposite parties

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

       

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that the complainant had purchased a smart phone Lenovo K-3 note for a sum of Rs.9,999/- from OP-3 vide order dated 15-10-2015 and invoice dated 15-10-2015 through flipcart.com.     It is alleged by the complainant that OP-1 gave the warranty for  one year period in respect of product.  It is further alleged that after some time the mobile phone was not running properly as such he approached OP-2 i.e. authorized service centre of OP-1.   It is further alleged that the OP-2 received the alleged phone within warranty period on 20.8.2016 and issued a job-sheet dated 26.8.16 but failed to resolve the problem of product and suggested to change the touch screen software.   It is further stated  that e-mail dated 20-9-2016 was also sent to OP-2 in this regard but  of no avail.  It is alleged by the complainant that OP-1 has sold the defective mobile handset to him and OP-2 intentionally not provided the good repair services for which both the OPs are liable for deficiency in services, hence this complaint.

2.     Consequent upon the receipt of complaint notice was sent to the OPs.  Despite service, none appeared on behalf of OPs, therefore, they were ordered  to be proceeded ex-parte vide order dated 11.4.2017.

3.     Complainant has filed his evidence by way of affidavit. 

4.     We have heard arguments advanced at the Bar and have perused the record.

5.     Complainant has placed on record the copy of the Invoice, copies of the e-mail exchanged between the parties and  copy of  service job-sheet  dated 16.9.2016 in support of his case.

 

6.     From the un-rebutted testimony of the complainant and documents placed on record, we are convinced the story put forth by the complainant is true.  Bare perusal of the job-sheet placed on record make it abundantly clear that the touch screen of alleged phone is not working and the alleged product was heating time to time that too under warranty period.  Despite several correspondence and request of the complainant to OP-1, the issue was not sort out by it.   OP-1 neither get repaired the handset in question nor had refunded the money despite well knowing the fact that the alleged damaged handset is lying with OP-2.  This act of OP-1 amounts to deficiency in services.

7.     In view of the above, we direct OP-1 to pay to the complainant a sum of Rs.9,999/- against the cost of defective  mobile handset. In addition to this we also award a sum of Rs.3,000/- on account of compensation as well as  litigation cost

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP-1 within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 9% per annum from the date of this order till recovery of the said amount. This final order be sent to server (www.confonet.nic.in ). File be consigned to Record Room.

 

 A copy of this order each be sent to both parties free of cost by post.

 

Announced in open Forum on 04/09/2018.

                                                                 (ARUN KUMAR ARYA)

                              PRESIDENT

 

(NIPUR CHANDNA)                                            (H M VYAS)

                    MEMBER                                                  MEMBER