BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No.561 of 2014

Date of Institution: 27-10-2014

Date of Decision: 08-06-2015  

Shri Harjaspal Singh son of Shri Harinder Pal Singh, resident of H.No. 11/80, Street Doctor Chug Mohalla Bhag Shah, Tarn Taran, at present HIG Flat No.71, New Amritsar, District Amritsar. 

Complainant

Versus

1. Sony India Private Limited, through its General Manager/ Manager/ Authorised Officer, A-31, Mohan Co-operative Industrial Estate, Mathura Road, New Delhi-110044.
2. M/s.Shivani Electronics, through its partner/ proprietor, 6-Kamal Towers, Near Kamal Palace, Apna Ghar, Batala Road, Amritsar.
3. Mr.Vikram, Employee/ Technician of M/s.Shivani Electronics, 6-Kamal Towers, Near Kamal Palace, Apna Ghar, Batala Road, Amritsar. 

Opposite Parties

Complaint under section 11 and 12 of the Consumer Protection Act, 1986 as amended upto date.

Present: For the Complainant: Sh.Vishal Sharma, Advocate.

              For the Opposite Parties: Sh.Ajay Mehta, Advocate.

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member     

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Harjaspal Singh, under the provisions of the Consumer Protection Act alleging therein that he purchased a Mobile Set of Sony, bearing No.C6602/Yuga/Black, Serial No.5214174, IMEI No. 355666055214174, for a sum of Rs.35790/- which includes VAT Rs.2782.03 paisa and surcharge Rs.2785.20 paisa from Opposite Party No.3 vide Invoice No.112533 dated 30.10.2013. Complainant alleges that after  two months of its purchase, the said Mobile Set started mal functioning like Too Much Heating, Battery backup low, Auto Shut Off, Audio low, making and receiving calls  and Bluetooth connectivity failure and in this regard, the complainant approached Opposite Party No.2 the authorized service centre for Sony products, and they  repaired the said Mobile Set two or three times, but the said problems still remained in the said mobile set and finally, the complainant handed over the said Mobile Set to Opposite Party No.2 on 20.3.2014 with the same problems and requested to replace the said faulty Mobile Set with new one. On 31.3.2014, the Opposite Party No.2 replaced the said Mobile Set with new one, but said new Mobile Set hardly worked properly for a few days only and the same also developed the similar problems, which the previous mobile was having and as such, the complainant had been approaching the Opposite Party No.2 for the repair of the said Mobile Set time and again. In the month of April, 2014 said Mobile Set again started malfunctioning and developed the problems of hanging, Too Much Heating, Battery, backup low, Auto Shut Off, Audio low, making and receiving calls failing and Bluetooth connectivity failure and in this regard,  the complainant lastly approached Opposite Party No.2 on 28.4.2014 and handed over the said Mobile Set to Opposite Party No.2 for its repair. The Opposite Party No.2 again reloaded/ uploaded the software of the Mobile Set and handed over the same to the complainant on the same day. But the above said problems still exist in the said Mobile Set.  Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to refund the amount of Rs. 35,790/- to the complainant alongwith interest @# 18% per annum.  Compensation and litigation expenses were also demanded.
2. On notice, Opposite Parties  appeared and filed joint written version in which it was submitted that the complainant enjoyed  the Mobile Set admittedly without any sort of defect for the period of almost 4 months and approached the Opposite Party No.2  i.e. authorized service centre of Sony Products for the first time on 20.3.2014 raising and claiming the issue of  Poor Battery backup, Audio Trouble and auto off. However, on the inspection same was found to be damaged due to liquid ingression which was duly demonstrated to the complainant and the said Mobile Set  was swapped free of cost by Opposite Party No.2 i.e. authorized service centre of  Sony Company which was collected by the complainant on 31.3.2014 after its thorough examination. The complainant approached the authorized service centre on 28.4.2014 with the issue of battery backup and low audio. However, the said Mobile Set was updated with the latest software and same was returned back to the complainant only the very next day i.e. 29.4.2014. The complainant after receiving the said Mobile Set  on 29.4.2014 enjoyed the same without any sort of defect for the period of almost 4 months and approached the authorized service centre on several occasions i.e. on 25.8.2014, 11.10.2014 and lastly on 13.10.2014. At each and every occasion, the complaints of the complainant were duly attended by the Opposite Parties. Opposite Parties  submitted that the subject Mobile Set was received at the authorized service centre only for once on 20.3.2014 and that too due to  the liquid ingression which is beyond the control of the answering Opposite Parties. However, subsequent to his first visit the complainant complained only for the accessories and not for the Mobile Set in question which were swapped by the Opposite Parties on ‘free of cost’ basis.  While denying and controverting other allegations, dismissal of complaint was prayed.
3. Complainant tendered into evidence his affidavit Ex.C1 alongwith documents Ex.C2 to Ex.C6 and closed the evidence on behalf of the complainant.
4. Opposite Parties tendered into evidence affidavit of Sh.Priyank Chauhan Ex.OP1-4/1 alongwith documents Ex.OP1-4/2 and Ex.OP1-4/3 and closed the evidence on behalf of the Opposite Parties.
5. We have carefully gone through the pleadings of the parties; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by both the parties with the valuable assistance of the ld.counsel for both the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that the complainant  purchased a Mobile Set of Sony from Opposite Party No.3 vide Invoice No.112533 dated 30.10.2013 for a sum of Rs.35790/-. Said Mobile Set  started mal functioning like Too Much Heating, Battery backup low, Auto Shut Off, Audio low, making and receiving calls  and Bluetooth connectivity failure. The  complainant approached Opposite Party No.2 the authorized service centre for Sony products, and handed over the said Mobile Set to Opposite Party No.2  on 20.3.2014 vide job sheet Ex.C3 and requested  the  Opposite Party No.2 to replace the said faulty Mobile Set with new one. On 31.3.2014, the Opposite Party No.2 replaced the said Mobile Set with new one. Complainant submitted that said new Mobile Set worked properly for a few days only and it also developed similar problems. The complainant approached Opposite Party No.2 for the repair of the said Mobile Set on 28.4.2014 vide job sheet Ex.C4 with problems of hanging, Too Much Heating, Battery backup low, Auto Shut Off, Audio low, etc. Opposite Party No.2 again  uploaded the software of the Mobile Set and handed over the same to the complainant on the same day. Complainant alleges that said Mobile Set is not working properly and the complainant approached the Opposite Parties  to replace the said Mobile Set with new one or to refund the costs of the said Mobile Set, but the Opposite Parties  did not pay any heed  to the request of the complainant. Ld.counsel for the   complainant  submitted that all this amounts to deficiency of service on the part of the opposite parties.
7. Whereas the case of the opposite parties jointly is that Opposite Party No.1 provides a warranty of one year on its products from the time of its original purchase and as per the limited  warranty, if during the warranty period this product fails to operate under normal use and service, due to defects in materials or  workmanship, the Sony authorized distributors or service partners will, at their option either repair or replace the product in accordance with the conditions stipulated herein.   The complainant enjoyed  the Mobile Set without any sort of defect for the period of almost 4 months and approached the Opposite Party No.2  i.e. authorized service centre of Sony Products for the first time on 20.3.2014 vide job sheet Ex.C3, claiming the issue of  Poor Battery backup, Audio Trouble and auto off. However, upon inspection same was found to be damaged due to liquid ingression which was duly demonstrated to the complainant. However, the said Mobile Set  was replaced  and the complainant was issued new Mobile Set of same make and model on 31.3.2014 which was taken by the complainant after its thorough examination. Thereafter, the complainant approached Opposite Party No.2 the authorized service centre on 28.4.2014 with the issue of battery backup and low audio, too much heat, etc. vide job sheet Ex.C4. However, the said Mobile Set was updated with the latest software and same was returned back to the complainant only the very next day i.e. 29.4.2014. Thereafter, again the complainant enjoyed the said product  without any sort of defect for the period of almost 4 months and thereafter, he approached Opposite Party No.2 the authorized service centre on  25.8.2014, 11.10.2014 and lastly on 13.10.2014 and on  each and every occasion, the complaints of the complainant were duly attended by the Opposite Parties and the Mobile Set of the complainant was  made fully functional.  Opposite Parties  submitted that the subject Mobile Set was received at the authorized service centre only for once on 20.3.2014 and that too due to  the liquid ingression and even then, Opposite Parties  swapped the Mobile Set of the complainant with new one of same make and model on ‘free of costs’ basis.  Ld.counsel for the opposite parties submitted that there is no deficiency of service on the part of the opposite parties qua the complainant regarding the Mobile Set in question.
8. From the entire above discussion, we have come to the conclusion that the complainant purchased the Mobile Set of Sony from Opposite Party No.3 on 30.10.2013 vide Invoice Ex.C2 for a sum of Rs. 35,790/-. Said Mobile Set became defective and the complainant approached Opposite Party No.2 i.e. authorized service centre of Sony Products for the first time on 20.3.2014 vide job sheet Ex.C3. No doubt, the complainant alleges that he also approached Opposite Party No.2 earlier with complaint in the Mobile Set, but he could not produce any evidence in this regard. All this proves that the complainant enjoyed  this Mobile Set for about 5 months. Opposite Parties  alleges that on inspection, it was found that  Mobile Set was damaged due to liquid ingression which was duly demonstrated to the complainant, so the Opposite Party No.2 swapped/ replaced the Mobile Set of the complainant with new one of same make and model, free of costs on 31.3.2014. Thereafter, the complainant approached Opposite Party No.2 i.e. authorized service centre of Sony Products on 28.4.2014 vide job sheet Ex.C4 with complaint of Too Much Heating, Battery backup low, Auto Shut Off, Audio low, etc. Mobile Set was updated with the latest software and the same was returned to the complainant on the very next day i.e. on 29.4.2014. Opposite Parties  submitted that complainant enjoyed the said Mobile Set for about 4 months and thereafter, he approached the Opposite Party No.2 authorized service centre on    25.8.2014, then on 11.10.2014 and lastly on 13.10.2014 and every time, the complaints of the complainant were duly attended by the Opposite Parties and the Mobile Set of the complainant was  made fully functional.  Ld.counsel for the Opposite Parties  stated at bar that Opposite Parties  are ready to repair the Mobile Set of the complainant, if there is any defect in the Mobile Set of the complainant. Mobile Set can be replaced only, if there is any manufacturing/ inherent defect in the Mobile Set which is not repairable. The complainant could not produce any evidence to the effect that the Mobile Set of the complainant is beyond repair, whereas the Opposite Parties  are ready to repair the Mobile Set of the complainant on free of cost basis, if there is any defect in the same.    
9. Resultantly, this complaint is disposed of  with the directions to the complainant to produce the Mobile Set in question, if there is any defect in the same, before Opposite Party No.2 i.e. authorized service centre of Sony Company, within 15 days  from the date of receipt of copy of this order and the Opposite Parties  No.1 & 2 are directed to repair the Mobile Set of the complainant, if there is any defect in the same and make it fully functional to the satisfaction of the complainant, free of cost, within one month from the date, the Mobile Set in question is produced before Opposite Party No.2 by the complainant. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs.     Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Dated: 08-06-2015.                                          (Bhupinder Singh)                                                                                                President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

              Member                         Member