Chandigarh

DF-I

CC/691/2014

paras S/o Shyam - Complainant(s)

Versus

Sony India Pvt. Ltd. - Opp.Party(s)

In person

22 Jun 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/691/2014
Date  of  Institution	:	17/10/2014
Date   of   Decision	:	22/06/2015

 

 

 

 

 

Paras S/o Shyam Lal, resident of VPO Jyotisar, Tehsil Thanesar, District Kurukshetra (Haryana).

 

….Complainant

Vs.

 

(1)   Sony India Private Limited, A-31, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi – 110044, through its Managing Director.

 

(2)  Sony Service Centre, Rai & Sons, SCO 60, Sec.47-C, Chandigarh – 160047, through its Branch Incharge.

 

…… Opposite Parties

 

 

BEFORE:   MRS. SURJEET KAUR            PRESIDING MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

For Complainant	:	Sh. Piyush Gaur, Advocate.
For OPs	:	Sh. Anil Johar, Advocate

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

          In brief, the Complainant had purchased one Sony Xperia Z mobile phone on 1.6.2014 from M/s Anmol Watches, Sector 22-B, Chandigarh, vide retail invoice Annexure C-1. It has been averred that the said mobile phone was insured by the Opposite Party No.1 which covered physical damage for six months. On 20.07.2014, the Complainant slipped and fell down while passing through a playground. In the said incident, the aforesaid mobile phone was physically damaged. On 21.07.2014, the Complainant approached Opposite Party No.2 to get the mobile phone repaired, who retained the handset and issued a job sheet (Annexure C-2). After approx. ten days the Complainant went to the Opposite Party No.2 to get the mobile phone but they replied that there is no communication from the Head Office of the Company and told the Complainant to call on 180030002800. The Complainant accordingly called and lodged a Complaint for repair/ replacement as per the insurance policy which covered physical damage. The helpline responded that the mobile phone would be repaired or replaced in coming days. After waiting for few days the Complainant again contacted the Opposite Party No.2, upon which he was informed that since the phone was damaged physically by the Complainant, the same would not be covered under the policy. When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs.

 

2.     Notice of the complaint was sent to Opposite Parties, seeking their version of the case.

 

3.     Opposite Parties in their joint reply, while admitting the factual matrix of the case, have pleaded that the Complainant has failed to take the basic precautions against the proper handling of the phone. The Complainant has admitted that he has physically damaged his phone on his own, rendering the warranty and ADP of the phone as void. Accordingly, the Opposite Parties informed the Complainant that his phone has been physically damaged by him due to his own negligence and thus not covered under policy. Denying all other allegations and stating that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.

 

4.     Parties were permitted to place their respective evidence on record, in support of their contentions.

 

5.     We have heard the learned Counsel for the parties and have perused the record along with the written arguments filed on behalf of both the sides. 

 

6.     The basic contention of the Opposite Parties that the mobile phone in question was damaged due to mishandling and negligence by the Complainant does not appear to be correct, as slipping on any ground may take place and the mobile phone may get damaged as a consequence thereto. Thus the mobile phone in question did not get damaged due to mishandling and negligence by the Complainant.

 

7.     We have gone through the Xperia Accidental Damage Cover placed on record by the Opposite Parties as Annexure-C. Para 5 of the said Cover reads as under:-

 

“5.  This Accidental Damage Cover indemnifies the customer from the losses/ damages which is/ shall be occasioned to the product due to physical breakage/ damage, liquid spillage and short circuits due to electricity voltage fluctuation.”   

 

          It is thus fairly proved that the Opposite Parties are liable to indemnify the Complainant for the loss/ damage occasioned to his mobile phone due to physical damage. Evidently, the aforesaid Accidental Damage Cover was given to the Complainant to make good the loss if any physical damage happens to the mobile phone accidentally. Therefore, the act of the Opposite Parties in not honouring their own Accidental Damage Cover amounts to deficiency in service and indulgence in unfair trade practice.

 

8.     Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is partly allowed. The Opposite Parties are directed, jointly and severally, to:-

 

i)   To refund Rs.27,590/- being the invoice price of the Sony Xperia Z mobile handset to the complainant; and take back the defective mobile handset, from the complainant, if the same is in his possession; at their own expenses;

 

ii)  To make payment of Rs.5,000/- to the complainant towards compensation for causing mental and physical harassment.

 

iii) To make payment of Rs.5,000/- to the complainant as litigation expenses.

 

 

9.     This order shall be complied with by the Opposite Parties within one month from the date of receipt of its certified copy; thereafter, the Opposite Parties shall pay the amount at Sr. No. (i) & (ii) above with interest @12% per annum from the date of filing of the complaint till realization, besides complying with directions at Sr. No.(iii) above.

 

10.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

22^nd June, 2015                          

Sd/-

(SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER