Chandigarh

DF-II

CC/465/2018

Harpreet kaur - Complainant(s)

Versus

Xiaomi Tehnology India Private Limted - Opp.Party(s)

Adv. Pardeep Kumar

05 Jul 2019

ORDER

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

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Consumer Complaint  No	:	465 of 2018
Date  of  Institution	:	14.08.2018
Date   of   Decision	:	05.07.2019

 

 

 

 

Harpreet Kaur w/o Sandeep Singh, House No.B015-00899, Guru Nanak Colony, Badala Road, Kharar, SAS Nagar, Mohali Punjab 140301         

             ……..Complainant

 

Versus

 

1]  Xiaomi Technology India Private Limited, 5^th Floor, Delta Block, Embassy Tech Square, Kadubeesanahalli, Marathahall, Outer Ring Road, Bengaluru, Karnataka PIN 560103

 

2]  QDIGI Services Limited, Shop No.SCO 2471-72, First Floor, Sector 22-C, Chandigarh 160022

 

3]  Xiaomi Technology India Private Limited, (Xiaomi India), Rising Stars Mobile India Pvt. Ltd., Plot NO.M-2B, Sipcot Industrial Pak, Phase-II, Hi Tech Sez, DTA Area, Sriperambudur Taluk Kancheepuram, Tamil Nadu 602106  

 

………. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

         SH.RAVINDER SINGH     MEMBER

 

 

For Complainant :     Sh.Pardeep Kumar, Adv. for complainants.

For OP(s)         :      Sh.Atul Goyal, Adv. for Opposite Party NO.1.

 

 

PER PRITI MALHOTRA, MEMBER

 

                                The case of the complainant in brief is that she purchased a mobile phone make Xiaomi Redmi 5A on 4.6.2018 from authorised outlet Anmol Watches, Sector 22, Chandigarh for an amount of Rs.7000/- (Ann.C-1). The said mobile is manufactured by Opposite Party NO.3, brand owned by Opposite Party No.1 and Opposite Party No.2 is an authorised service centre.  It is submitted that the said mobile phone started giving problem from the very beginning e.g. rear camera not working and rebooted while on standby mode.  As such, the mobile phone was deposited with Opposite Party NO.2, an authorised service centre for repair on 11.7.2018, but they denied the repair under warranty (Ann.C-2) and demanded repair charges.  It is also submitted that Opposite Party No.2 has made a lame excuse of liquid in mobile for not repairing the same, whereas there was no liquid in the mobile phone of the complainant.  Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OPs.

 

2]       The Opposite Party No.1 has filed reply and while admitting the factual matrix of the case, stated that complainant approached Opposite Party No.1, an authorised service centre, with defect in the product, against which job sheet was provided on 11.7.2018.  It is stated that after examining the product for defect, it was ascertained that the product had suffered liquid damage.  The technician of the authorised service centre of Opposite Party No.1 duly informed the complainant about the liquid damage in the product as can be ascertained from Ann.D and also requested the complainant to pay repair costs since liquid damage is not covered under the standard warranty terms & conditions applicable to the product.  The complainant however refused to pay the repair costs, so the product was duly returned to the complainant without repair. It is stated that the liquid damage to the product is not covered under the applicable warranties.  Denying all other allegations and pleading no deficiency in service, the Opposite Party No.1 has prayed for dismissal of the complaint.

         Opposite Parties No.2 & 3 did not appear before the Forum despite service of notices sent through regd. post on 4.9.2018 & 12.12.2019 respectively, therefore they were proceeded exparte vide orders dated 5.10.2018 and 15.1.2019 respectively.

 

3]       Rejoinder has been filed by the complainant thereby reiterating the assertions as made in the complaint and controverting that of Opposite Party NO.1 made in its reply.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the complainant, ld.Counsel for Opposite Party No.1 and have also perused the entire record.

 

6]       The receipt Ann.C-1 proves that the complainant purchased Mobile phone of Xiaomi Redmi 5A from Anmol Watches on 4.6.2018 for an amount of Rs.7000/-.  The job sheet/service record placed on record as Ann.C-2 reveals that the mobile handset in question was submitted for repair with problem of ‘Back Camera Not Working, Auto Reboot on Standby’, but the same was returned back to complainant stating it to be liquid logging/liquid in mobile and hence it is out of warranty.

 

7]       It is the stand of the Opposite Party No.1 that due to liquid in mobile, the warranty of product/mobile became void.  This plea of the Opposite Party No.1 is not acceptable at all.  There is no cogent and substantial evidence on record to establish that the mobile handset is liquid logged. Due to absence of any cogent evidence, the Opposite Parties cannot ignore to do the needful specially when they are duty bound to do the repairs within the warranty period. Therefore, the Opposite Party No.1 is liable to repair the mobile handset in question under warranty free of cost. Hence, the deficiency in service on the part of Opposite Parties is established.

8]       Since, the complainant has failed to prove any manufacturing defect in the mobile handset in question by leading any expert opinion to that effect, hence her plea for replacement of mobile or refund price thereof cannot be accepted.

9]       Keeping in view the facts & circumstance of the case, as discussed in the preceding paragraphs, the present complaint is allowed.  The Opposite Parties NO.1 to 3 are directed to make the mobile handset in question properly functional by carrying out all necessary repairs or replacement of part thereof, without charging anything from the complainant. The Opposite Parties No.1 to 3 are also directed to pay a composite amount of Rs.5000/- towards litigation cost & compensation for causing harassment & agony to her as well as forcing her to indulge into avoidable litigation. 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

5^th July, 2019                          

                                                                                                Sd/-  

                                                                    (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER