DISTRICT CONSUMER DISPUTES REDRESSSAL FORUM

WEST TRIPURA : AGARTALA

 

 

CASE NO:  CC – 120  of   2017

 

 

Sri Subal Saha,

S/O- Late Anil Chandra Saha,

Melarmath, Agartala,

P.O. Agartala, P.S. West Agartala,

West Tripura. ........…...Complainant.

 

 

          -VERSUS-

 

 

      1. Apple India Pvt. Ltd.,

(Represented by its Director),

19th Floor, Concorde Tower C,

UB City, No- 24,

Vittal Mallya Road,

Bangalore, Karnataka,

India- 560001.

 

     2. Mobile Store,

Gulmohar House, Near Krishna Mandir,

Melarmath, Agartala,

P.O. Agartala, P.S. West Agartala,

West Tripura- 799001. 

 

     3. F1 – Info Solutions & Service Pvt. Ltd.,

Sabera Complex, H/NO- 218, 1st Floor,

Dr. B. Baruah Road, Ulubari,

Guwahati, Assam- 781 007. ........... Opposite Parties.

 

 

 

__________PRESENT__________

 

 

 SRI A. PAL,

PRESIDENT,

  DISTRICT CONSUMER 

 DISPUTES REDRESSAL FORUM,

      WEST TRIPURA, AGARTALA. 

 

SMT. DR. G. DEBNATH

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

SRI U. DAS

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL FORUM, 

  WEST TRIPURA,  AGARTALA.

 

 

 

C  O  U  N  S  E  L

 

For the Complainant : Sri Bimal Kanti Nath,

  Advocate.

 

For the O.P. No. 1 : Sri Amar Singh,

  Sri R. Muddappa,

  Sri Akhilesh & Arindam

  Miss Rumela Guha, 

  Advocates.

 

For the O.P. No. 2 : Sri Sujit Chakraborty,

  Advocate.

 

For the O.P. No. 3 : None Appeared.

 

 

JUDGMENT  DELIVERED  ON:  07.03.2018.

 

J U D G M E N T

This case arises on the petition filed by one Subal Saha U/S 12 of the Consumer Protection Act. Petitioner case in short is that he purchased one Apple mobile phone from the Show Room under name and style Mobile Store owned by the O.P. No.2 on 27.10.16. He paid Rs.25,000/- for that mobile. But after 2 months of purchase of the mobile was not working properly. He made contact with the O.P. and O.P. No.2 seller told him that as the service centre not available at Agartala so he sent it to Guwahati. Accordingly it was sent to Guwahati through the seller. But it was not repaired and returned without any action by the service centre with the report 'Cx did not approve estimate'. The mobile manufacturing company did not take any action. Petitioner suffered huge loss. He claimed Rs.50,000/- from the O.Ps. 

 

2. O.P. No. 3, F1 - Info Solutions & Services Pvt. Ltd. did not appear after receipt of  notice so case proceeded exparte against them.

3. O.P. No. 2, Seller appeared and filed W.S denying the claim.

 

4. O.P. No.1, Apple India Pvt. Ltd. also filed Written objection stating that warranty does not apply and complainant concealed and suppressed the material fact. 

 

5. On the basis of denial made by the parties following points cropped up for determination:

(I) Whether the mobile phone was defective and no service provided for its repairing?

(II) Whether  there was deficiency of service by the O.Ps and petitioner is entitled to get compensation?

 

6. Petitioner produced the Cash Memo, Service Delivery Challan, also produced his statement on affidavit.

 

7. O.P. No.1 also cross examined the petitioner and produced evidence of one Priyesh Poovanna on behalf of O.P. No.1. 

 

8. On the basis of all these evidence  we shall now determine the above points.

Findings and decision:

9. It is admitted and established fact that petitioner purchased the mobile phone from O.P. No.2. O.P. No.2 in its written statement also admitted it. He admitted that complainant handed over the mobile set on 14.06.17 for its repair and on same day O.P. No.3 sent the mobile set to the service centre. In the written statement it is stated that the service centre diagnosed Frozen at Apple Logo, Liquid Damage. 

 

10. We have gone through the service delivery Challan and found that problem reported was 'Frozen at apple logo'. And in the delivery Challan it is written that 'CX did not approve estimate'. Nothing stated about the estimate and why it is not approved . 

 

11. We have gone through the Warranty as produced and found that restriction not given in respect of estimate. From the written statement of O.P. No.2 it is found that once the set was repaired but after some days again the set was not working. The service centre did not point out any manufacturing defect.  Petitioner did not say any thing about manufacturing defect. The warranty coverage  is one year. Mobile set was not working within one year. Warranty and the accessory box was deposited with the seller. The seller of the mobile set did not disclose to the purchaser that service centre is not available at Agartala. This is deficiency of service &unfair trade practice by O.P. Petitioner in his evidence stated that at the time of sale O.P. No.2 assured him that defective set will be replaced by a new one if the defect occurs within one year. The defects occurs on 17.02.17. He requested the O.P. No.2 for replacement but he denied. So this is also unfair trade practice by O.P. no.2, seller.

 

12. From the evidence on record, the deficiency of service by the seller of the mobile, proprietor of the Mobile Store and the Service Centre is transpired. Service Centre without assigning any reason did not repair the mobile phone. As there is no manufacturing defect O.P. No.1, Apple India Pvt. Ltd. is not liable to pay any compensation. We direct the seller of the I-phone, proprietor of mobile Store to replace the mobile by a new one. We also direct the O.P. No.3, F1- Info Solutions & Service Pvt. Ltd. to pay Rs. 5,000/- to the petitioner for his deficiency of service and Rs.2,000/- for litigation cost, total Rs.7,000/-. O.P. No.2 and 3 are liable to replace the mobile phone and pay compensation. No liability fixed on Apple India Pvt. Ltd.  Both the points are decided accordingly.

 

13. In view of our findings over the points, we direct the O.P. No.2 to replace the mobile phone by a new one. We also direct  O.P. No. 3  to  the pay compensation Rs. 7,000/- to the petitioner. Payment is to be made within 2(two) months. If payment is not made within 2 months it will carry interest @ 9% per annum. 

 

Announced.

 

 

 

 

SRI A. PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL FORUM,

WEST TRIPURA,  AGARTALA.

 

 

 

 

SMT. DR. G. DEBNATH,

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA SRI  U. DAS

MEMBER,

 DISTRICT CONSUMER DISPUTES 

REDRESSAL FORUM, 

WEST TRIPURA, AGARTALA