Haryana

StateCommission

A/956/2016

APPLE INDIA PVT.LTD. - Complainant(s)

Versus

RICHA BHATIA - Opp.Party(s)

DEVINDER KUMAR

08 Nov 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

         

                                       

                                                          First Appeal No  :   956 of 2016

Date of Institution:  10.10.2016

                                                          Date of Decision:   08.11.2017

 

 

 

Apple India Private Limited, A Company registered under the Companies Act, 1956, 19^th Floor, Concorde Tower C UB City, No.24, Vittal Mallya Road, Bangalore-560001.

                             Appellant-Opposite Party No.1

Versus

 

1.      Richa Bhatia wife of Sachin Bhatia, Johdi Gaon, House No.634-4, Model Town, Panipat.

Respondent-Complainant

 

2.      Infotech Computers & Communications, SCO 204, Sector 12, Urban Estate, Karnal-132001.

3.      Fashion Gallery, Opposite Pallika Bazar, Near Punjab National Bank, G.T. Road, Panipat.

Respondents No.2 & 3-Opposite Parties No.2 & 3

 

 

 

CORAM:   Hon’ble Mr. Justice Nawab Singh, President.

                   Shri Balbir Singh, Judicial Member.

                   Shri Diwan Singh Chauhan, Member.

 

Present:     Shri Devinder Kumar, counsel for the appellant

                   None for the respondent No.1-complainant.

                   None for the respondents No.2 and 3

 

                                                             O R D E R

 

 

NAWAB SINGH J.(ORAL)

 

          APPLE India Private Limited-opposite party No.1 (manufacturer) is in appeal against the order dated August 16^th, 2016 passed by District Consumer Disputes Redressal Forum, Panipat (for short, ‘District Forum’) whereby complaint filed by Ms. Richa Bhatia-complainant was allowed.  The Manufacturer and Infotech Computers & Communications-opposite parties No.1 and 2 were directed to replace the mobile phone of complainant within 45 days because it was a defective product and Rs.3,300/- litigation expenses.

2.      On December 31^st, 2014 the complainant purchased iphone 6 of Apple make from Fashion Gallery, Panipat-opposite party No.3 for Rs.49,000/-.  Some defects were developed in the mobile handset.  The complainant approached the opposite parties to remove the defects but to no avail.  By filing the complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum, the complainant sought refund of the price of mobile handset and compensation.

3.      Case called several times since morning but none has appeared on behalf of the respondents.  On the last date of hearing also, nobody appeared on behalf of the respondents.  This Commission thinks it appropriate to decide the appeal on merits after hearing learned counsel for the appellant and going through the case file.

4.      On September 13^th, 2017, following order was passed by this Commission:-

                   “Present:-  Shri Devinder Kumar, counsel for the appellant.

                   Shri Sachin Bhatia, counsel for the respondent No.1.

                   Shri Nitin Gupta, counsel for the respondent No.2.

                   None for respondent No.3.

 

 

                             Learned counsel for the respondent No.1-complainant has urged that the complainant would be satisfied in case the defects so pointed out are removed free of cost.

                             In face of it, learned counsel for the appellant has stated that they are ready to remove the defects, if any, free of cost. After removing the defects, two qualified representatives of Customer Care Centre of Apple India Private Limited would examine and issue a certificate with respect to its repair.

                   The complainant shall take the mobile handset to the Customer Care Centre of Apple India Private Limited at Karnal on or before September 25^th, 2017.

                   List on 29.09.2017.

                   Interim order dated March 22^nd, 2017 to continue.

                   Certified copy of this order be given dasti (by hand) to the parties.”

5.      In view of the statements, referred to above, the impugned order is modified to the extent that Manufacturer and Customer Care Centre of Apple India Private Limited, Karnal would remove the defects in the mobile handset free of cost within a period of one month from the date of its bringing to the Customer Care Centre, Karnal. After repair of the mobile handset, two qualified representatives of Customer Care Centre of Apple India Private Limited would examine and issue a certificate with respect to its repair.  The appeals stands disposed of in the manner indicated above.

6.      The statutory amount of Rs.25,000/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

 

Announced 08.11.2017

(Diwan Singh Chauhan) Member

(Balbir Singh) Judicial Member

(Nawab Singh) President

U.K