Delhi

East Delhi

CC/365/2016

JASPREET SINGH - Complainant(s)

Versus

VAISHNO ELEC - Opp.Party(s)

07 Dec 2018

ORDER

               CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

       CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                     Consumer Complaint no.           365/2016

                                                                      Date of Institution                  20/07/2016

                                                                      Order Reserved on                 07/12/2018

                                                                      Date of Order                          10/12/2018 

In matter of

Mr. Jaspreet Singh, adult       

s/o-Sh Kanwaljeet Singh  

R/o –A- 10, Gali no.6 , South Anarkali

 Krishna Nagar, Delhi 110051………………..………..…………….Complainant

                                                                  

                                                                     Vs

1-M/ Pvt Ltd. s Vaishno Electronics

131, MCD Market, Karol Bagh

Delhi, 110055   

 

2- B2X Service Solutions India Pvt Ltd.    

F 25, First Floor, Preet Vihar,   

Vikas Marg, Delhi  110092……………………………………………..Opponents    

 

Complainant’ Advocate..………………Mr.Ramesh Kumar  

Opponent’s 1 Advocate………………..Nemo

Opponent’s 2 Advocate…..……………Mr Gagan Sighla

 

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari              Member

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case 

Complainant purchased Apple 5S I phone from OP1/ M/s Vaishno Electronics on 19/12/2015 for a sum of Rs 21,000/-vide invoice no. 50440 having IMEI no. 352084072212978 (Ex CW1/1). One year standard warranty was provided by the seller/OP1. After using 3-4 months, the said handset developed some problem in non closure of system so was taken to the authorised service station OP2 where after examination, the set was returned without repair with remark as “mismatched internal serial numbers and i-tunes serial numbers” (Ex CW1/2).

Complainant immediately brought matter in the knowledge of OP1, but refused to exchange or refund the amount; so notice was given to OP1 and 2, but no reply was received. Felt cheated for selling defective brand products, filed this complaint claiming refund of cost his hand set Rs 21,000/-from OP1 for selling defective handset with compensation of Rs 50,000/-and Rs 15,000/-including legal expenditure. 

OP2/B2X service centre submitted written statement and denied all the allegations alleged against them. It was stated that due to mismatched internal serial numbers and i-tunes serial numbers, said hand set of complainant was returned without repair as OP2 were under the terms of Apple India co. though it was under warranty as claimed and was evident in ExOPW1/1. OP2 was bound by the co. terms and conditions (Ex OPW1/2). Hence, it was stated that there was no deficiency in OP2 services and as said product was not genuine, no repair was done. It was stated that serial no. found on the handset was DX4QPGQJFRC4 in IMEI 352084072212978 (Ex OPW1/3A) where as internally chip showed serial no. DX4QNSMTFRC4 (Ex OPW1/3). So this complaint may be dismissed.

OP1/seller did not put its appearance despite of serving notice, so was proceeded Ex-Parte.

Complainant filed his rejoinder where he denied all the replies made by OP2. He also submitted evidences on his own affidavit and reaffirmed on oath that all the facts of his complaint were correct and true. He relied on invoice and service /job card dated 07/04/2015.

OP2/ B2X service center submitted evidences on affidavit through Mr Rahul Kaul working as Centre Manager, admitted that no repair was done in the said handset due to mismatched internal serial numbers and i-tunes serial numbers (Ex OPW1/2). Due to unauthorized modifications in the hand set, service could not be done as per OP3 terms and conditions  

Arguments were heard from both the party counsels and after perusal of records on file, order was reserved.    

We have gone through all the facts and evidences on record. It was observed that complainant has purchased Apple i-phone from OP1 (seller) and was denied services by OP2 (service center) due to mismatched internal serial numbers and i-tunes serial numbers merely on the findings in service sheet. It was working well for 3-4 months with complainant and only when some problem occurred, was shown to OP2 who told the reason for non service.

First we must know –1-What does it mean ‘IMEI’?     

 2-How genuine IMEI is detected?

1-What does it mean IMEI?

On the dialing screen, press [#][*][menu][right arrow] and confirm. If your phone has a SIM card, scroll down to "IMEI / SIM ID section and press Enter. Here we see 14-digit phone's IMEI. To get the full 15-digit number, we must added at the end of the digit 0. The IMEI only identifies the device and has no particular relationship to the subscriber. The phone identifies the subscriber by transmitting the International mobile subscriber identity (IMSI) number, which it stores on a SIM card that can, in theory, be transferred to any handset. However, the network's ability to know a subscriber's current, individual device enables many network and security features.

The IMEI only identifies the device and has no particular relationship to the subscriber. The phone identifies the subscriber by transmitting the International mobile subscriber identity (IMSI) number, which it stores on a SIM card that can, in theory, be transferred to any handset. However, the network's ability to know a subscriber's current, individual device enables many network and security features.

Check digit computation : Luhn algorithm

The last number of the IMEI is a check digit, calculated using the Luhn algorithm, as defined in the :

The Check Digit shall be calculated according to Luhn formula (ISO/IEC 7812). The Check Digit is a function of all other digits in the IMEI. The Software Version Number (SVN) of a mobile is not included in the calculation.

The purpose of the Check Digit is to help guard against the possibility of incorrect entries to the CEIR and EIR equipment.

The presentation of the Check Digit both electronically and in printed form on the label and packaging is very important. Logistics (using bar-code reader) and EIR/CEIR administration cannot use the Check Digit unless it is printed outside of the packaging, and on the ME IMEI/Type Accreditation label.

The check digit is not transmitted over the radio interface, nor is it stored in the EIR database at any point. Therefore, all references to the last three or six digits of an IMEI refer to the actual IMEI number, to which the check digit does not belong.

 2-How genuine IMEI is detected   -The check digit is validated in three steps:

1. Starting from the right, double every other digit (e.g., 7 → 14).
2. Sum the digits (e.g., 14 → 1 + 4).
3. Check if the sum is divisible by 10.

So there are authentic ways to check the authenticity of IMEI. Apple manufacturer of Handset being world class manufacturer of electronics products must have a system to check duplicity of their products, so that genuine consumers should not be felt cheated like this consumer. That being so, we pass the following order—

1. OP1 shall refund the cost of the product/ I phone in question to the complainant within 30 days in receiving copy of this order with 9% interest from the date of job sheet (08/04/2016) till realized.
2. OP1 shall also pay compensation of Rs 10,000/-to the complainant in stipulated time.
3. We also award litigation charges Rs 2000/-be paid by OP1.
4. There shall be no liability on OP2.
5. If award is not complied within time, complainant shall be entitled to recover interest on awarded amount till realized.

The copy of this order be also sent to M/s Apple India Pvt Ltd, 19^th Floor, Concord Tower C, UB City 24, Vitthal Malya Marg, Bangaluru, 560001 for information and action for controlling selling of duplicate products in markets.        

 

The copy of this order be sent to the parties as per the Section 18 of the Consumer Protection Regulation, 2005 ( in short CPR)  and file be consigned to the Record Room under Section 20(1) of CPR.

 

 

(Dr) P N Tiwari –Member                                            Mrs Harpreet Kaur – Member

 

                                                Sukhdev Singh  President