Delhi

West Delhi

CC/15/456

NAVEEEN NANDA - Complainant(s)

Versus

M/S UNICORN INFOSOLUTIONS PVT. LTD - Opp.Party(s)

18 Feb 2017

ORDER

    CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                           Date of institution:10.07.2015  

Complaint Case. No.456/15                                                               Date of order:18.02.2017                  

IN  MATTER OF

Naveen Nada, 33/54, West Punjabi Bagh, New Delhi-110026.                                   Complainant

VERSUS

M/s. Unicorn Infosolutions Pvt. Ltd., FF-04A, 1^st Floor, Pacific Mall, Subhash Nagar, New Delhi-110018.                                                                                                         Opposite party-1

 

M/s. Apple India Pvt. Ltd. 19^th Floor, Concorde Tower-C, UB City No.24, Vittal Mallya Road, Bangalore-560001.                                                                                  Opposite party -2

     ORDER

R.S. BAGRI,PRESIDENT

Brief facts of the present complaint as stated are that Shri Naveen Nanda here in the complainant on 24.3.15 purchased IPhone-6 from Spice Retail Store for sum of Rs.53,500/- vide invoice no.1103430 dated 24.03.15. The mobile handset was defective. The complainant approached Spice Retail Store for repair of the mobile handset who asked the complainant to go to Unicorn Infosolutions Pvt. Ltd. hereinafter referred the opposite party no.1 authorized service centre of Apple India Pvt. Ltd herein after referred as the opposite party no.2.  On 04.04.15 he deposited the mobile handset with the opposite party no.1 for repairs. The opposite party no.1 gave a IPhone-6 to complainant on 13.04.15. The replaced mobile handset was also defective. The complainant again approached Spice Retail Store. They sent him to the opposite party no.1. The opposite party no.1 on 15.05.15 replaced the mobile handset with a mobile handset.

            That on 18.06.15 the second replaced mobile handset also stopped working. He visited the opposite party no.1 on 19.06.15 and deposited the mobile handset with the opposite party no.1. The opposite party no.1 informed the complainant that there was inside tempering in the mobile handset. On 23.06.15 he again visited the opposite party no.1 but to no effect.

            That the complainant on 24.06.15 made complaint with customer care of the opposite party no.2 being manufacturer. They also intimated the complainant of tempering inside the mobile. The opposite parties  refused to repair the mobile handset,  hence the present complaint for directions to the opposite parties to pay sum of Rs.1,00,000/- as compensation for loss of the mobile hand set, wastage of time and energy, unfair trade practice and deficiency in service on the part of the opposite parties.

            Notice of the complaint was sent to the opposite parties. The opposite party no.2 appeared and filed reply while contesting the complaint and raising preliminary objections that the complaint is false and frivolous, without any cause of action, there was unauthorized modification inside the mobile handset. Therefore, the warranty became void and prayed for dismissal of the complaint.

            On merits purchase of the mobile handset, depositing the same with Spice Retail Store for repairs is admitted but asserted that there was unauthorized tempering inside the mobile handset. Therefore, the warranty had become void and the opposite parties are not liable to repair or replace the mobile handset without charges. They are ready to repair the mobile handset against payment of repair charges. There is no unfair trade practice and deficiency in service on the part of the opposite parties. They have prayed for dismissal of the complaint.

            Whereas the opposite party no.1 was proceeded exparte  vide order dated 17.03.16.

            The complainant filed rejoinder to the reply of the opposite party no.2 while controverting stand of the opposite party no.2 and reiterating his stand. He again prayed for directions to the opposite parties for payment of compensation.

When the complainant Shri Naveen Nanda was asked to file evidence in form of affidavit he filed his affidavit dated 23.01.17. Wherein he again vouchsafed his version. The complainant in support of his complaint and version has relied upon, copy of invoice no. 110340 dated 24.03.15, job sheets dated 13.04.15. 15.05.15 and 19.06.15. From the perusal of the invoice and job sheets it reveals that the complainant on 24.03.15 purchased IPhone-6 from Spice Retail Store for sum of Rs.53,500/-. He deposited the mobile handset with the opposite party no.1 on 19.06.15 for repairs. On inspection the opposite party no.1 found  tempering inside the mobile. The warranty had become void. 

            When the opposite party no.2 was asked to file affidavit, the opposite party no.2 tendered in evidence affidavit of  Shri Priyesh  Povanna. He has also vouchsafed version of the opposite party no.2.

            We have heard the complainant  and counsel for the opposite party no.2  at length and have gone through the complaint, reply and material placed on record carefully and thoroughly.

            Case of the complainant is that he purchased IPhone-6 from Spice Retail Store for sum of Rs.53,500/- vide invoice no.1103430 dated 24.03.15. The mobile handset was defective from very beginning. He delivered  the mobile handset to the opposite party no.1 on 04.04.15. The mobile handset was kept by them for repairs. Whereas the case of the opposite party no.2 is that the mobile handset was tempered from inside. Hence, the warranty has become void. The opposite party no.2 placed on record job sheets dated 04.04.5, 15.05.15 and 19.06.15 and correspondence between the complainant and the opposite party no.2. From perusal of the documents produced by the opposite party no.2  it reveals that on 19.06.15, when the IPhone-6 was deposited by complainant with the opposite party no.1 there was unauthorized inside tempering in the IPhone-6.

The relevant extract of the warranty runs as under:-

            “This warranty does not apply: (a) to consumable parts, such as batteries or  protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship;(b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other eternal cause; (e) to damage caused by operating the Apple Product outside Apple’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”); (g) to an Apple Product that has been modified to alter functionality or capability without the written permission of Apple; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Apple Product, or (i) if any serial number has been removed or defaced from the Apple Product.”

            From the reading of the warranty clause, it is evident that in case of unauthorized tempering of the IPhone-6 the warranty becomes void.

            Similarly are facts of the present complaint. There was unauthorized tempering in the mobile set at the time of deposit or repair with the opposite party no.1 on 04.04.16 . So, the warranty of the IPhone-6 became void and the opposite parties rightly asked the complainant to pay repair charges. There is no unfair trade practice and deficiency in service on the part of the opposite parties. Therefore there is no merit in the complaint. Resultantly the complaint is dismissed.

Order pronounced on :18.02.2017

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

 

 

(PUNEET LAMBA)                                    (URMILA GUPTA)                                        (R.S.BAGRI)                       MEMBER                                                        MEMBER                                                   PRESIDENT