| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PATIALA. Consumer Complaint No. 378 of 6.10.2017 Decided on: 13.1.2021 Dinesh Goyal son of Beant Rai resident of H.No.143, Ward No.8, Lakh Wali Basti, Patran, Tehsil Patran, District Patiala. …………...Complainant Versus - Apple India Private Limited, No.24, 19th Floor, Concorde Tower C, UB City, Vittal Mallya Road Banglore - 560 001 through its Manager/Director/Partner.
- Newgen Partners No.505, Vijayaspring Woods Apartments, Chikkabegur, manipal County Road, Begur Post, Banglore 560068 Manager/Director/Partner
- Unicorn Infosolutions Pvt. Limited, Bhupindra Road, Patiala 147001 Manager/Director.Partner
…………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Sh. Jasjit Singh Bhinder, President Sh.Y.S.Matta, Member ARGUED BY Sh.Surjit Rai, counsel for complainant. Sh.Vikas Walia, counsel for OP No.1 Opposite party No.2 ex-parte. None for Opposite party No.3. ORDER JASJIT SINGH BHINDER,PRESIDENT - This is the complaint filed by Dinesh Goyal (hereinafter referred to as the complainant) against Apple India Private Limited and others (hereinafter referred to as the OP/s).
- The brief facts of the case are that the complainant purchased Apple iphone 7 from OP No.2 through Paytm vide invoice No.197413/2017-18/33374 dated 6.6.2017 for an amount of Rs.46034/- and the handset was delivered on 12.6.2017 with one year manufacturing warranty on phone and 6 months warranty on in-box accessories.
- It is averred that OP No.2 has sold a defective mobile handset as it was not working properly since the day of its purchase. It is further averred that on 31.8.2017, complainant approached OP No.3 for repair of the same as the handset was not accepting the sim card and was not activated properly. After inspection it was found by OP No.3 that “sim not detect, Home button not working properly intermittently, unable to activate the device due to sim issue (IMEI 355333081426351)” and issued receipt in this regard. Thereafter OP No.3 sent the handset to its Banglore Repair Centre for removing the defect but the handset was returned to the complainant by OP No.3 on 12.9.2017 mentioning on the delivery receipt that “Customer submitted the device with the issue of NO sim. On VMI & micro inspection found unauthorized modification/tampering inside the unit as the SIM tray pin is damaged and logic tape is missing. So unable to provide any type of service to the customer according to Apple guidelines”.
- It is further averred that when the company provides free of cost warranty for one year on handset, then there was no occasion for the complainant to go to any unauthorized service provider. There is thus deficiency in service and unfair trade practice on the part of the OPs which caused mental harassment, agony and financial loss to the complainant. Hence this complaint with the prayer to accept the same by giving directions to the OPs to replace the mobile phone with new one or to refund the price of the same i.e. Rs.46034/-alongwith interest @9% per annum from the dae of purchase till its realization;to pay Rs.40,000/-as compensation and Rs.11000/-as cost of complaint.
- Upon notice OPs No.1&3 appeared through counsel and contested the complaint by filing written reply while OP no.2 did not appear and was proceeded against exparte vide order dated 15.12.2017.
- In the written version filed by OP No.1 preliminary objections have been raised to the effect that the present complaint is malafide, devoid of merit and contradicts established of principles of law; that under warranty, iphone will be rendered out of warranty if it is damaged. It is pleaded that the complainant has used the ipnone negligently and damaged so it cannot be serviced/replaced under warranty. It is further submitted that complainant approached OP No.3 on 31.8.2017 with regard to some alleged issues with his iPhone 7 bearing serial No.DNPTP7T8HG7H who sent the hand sent to the repair centre at Bangalore after inspection of which repair centre detected unauthorized modificafions, tamering inside/tray pin damaged/logic tape missing in the said iPhone.As such repair was rejected and the mobile was sent back to OP no.3 which was returned to the complainant on 12.9.2017 informing him that the iPhone was out of warranty and could not be repaired . Further objections of the OP are that the complainant has concealed material facts from this Hon’ble Forum and that the facts stated in the present complaint are concocted .
- On merits, it is admitted to the extent that the complainant purchased iPhone 7 from OP No.2 via Paytem on 6.6.2017 and was delivered on 12.6.2017 with the warranty of one year. Further the OP reiterated the facts as raised in the preliminary objections and after denying all other averments prayed for the dismissal of the complaint.
- In reply filed by OP No.3 preliminary objections have been raised that the complaint is not maintainable against it and that the complainant has not come to the Hon’ble Forum with clean hands.
- On merits, it is admitted to the extent that the complainant approached to the service center of OP No.1 and after inspecting the handset, report was sent to OP No.1. It is averred that OP no.1 has no direct concern with the hand set manufactured by OP No.1 or the seller OP No.2.It is further averred that the complainant submitted the handset for checking and for removing the defect. After inspection, OP No.3 found unauthorized modification in the handset which was duly informed to the complainant but he did not turn up to collect the same and the same was handed over to him on 12.9.2017.After denying all other averments, OP no.3 prayed for the dismissal of the complaint.
- In evidence, the complainant tendered his affidavit Ex.CA alongwith the documents Exs.C1 to C4.
- The ld. counsel for OP No.1 tendered in evidence Ex.OPA aaffidavit of Priyesh Poovanna, alongwith documents, Ex.OP4 to OP5 and closed the evidence.
- On behalf of OP No.3 Sh.Mukesh Singh, Sr.Support Engineer,Unicorn Info solutions tendered documents Exs.OP1 to OP3 and closed the evidence.
- The ld. counsel for the complainant has argued that the complainant has purchased Apple iPhone 7 through Paytm on 6.6.2017 for Rs.46034/- and was delivered on 12.6.2017. The ld. counsel further argued that OP No.2 has sold defective mobile of the Apple company as sim was not in working condition. The ld. counsel further argued that apple iphone was having one year manufacturing warranty. The ld. counsel further argued that on 31.8.2017 the complainant approached OP No.3 as the handset was not working vide receipt, Ex.C3.The ld. counsel further argued that set was returned by mentioning flimsy report vide,Ex.C4.The ld. counsel further argued that as the handset became defective within warranty so it be replaced.
- On the other hand, the ld. counsel for OP No.1 has argued that set was tampered with when it was submitted to the company and due to this fact the company was unable to provide any service to the customer.The ld. counsel further argued that this is clearly mentioned in Ex.OP1 .As such complaint be dismissed.
- To prove this case, complainant has tendered his affidavit,Ex.CA and he has deposed as per his complaint. He has proved the invoice, Ex.C1, Ex.C2 is warranty for one year,Ex.C3 is the document vide which it was sent to the company,Ex.C4 is the document vide which the set was returned to the complainant on the allegations that it was tampered with.
- On the other hand o behalf of OP No.1 Priyesh Poovanna has tendered his affidavit,Ex.OPA and he has deposed as per his written statement .He has attached document,Ex.OP1.
- Admittedly vide Ex.C1 the complainant purchased Apple iPhone7 32GB Gold through Paytm for Rs.46034/-and as per Ex.C2 the warranty was for one year and the set was purchased on 6.6.2017.As per the allegations the set became defective and it was sent to Unicorn Info solutions Pvt. Limited service center vide Ex.C3. It is mentioned that ‘SIM not detect,Home button not working properly intermittently, unable to activate the device due to sim issue and returned vide Ex.C4 and Ex.OP1.It was mentioned by Unicorn Info solutions Pvt. Limited that on inspection it was found unauthorized modiction, tampered inside the unit as the tray pin was found damaged and logic tape was missing. So the company denied to provide any type of service to the complainant.
- Admittedly the phone became out of order within the warranty period and it was the duty of the said company to repair the same to the satisfaction of the customer. There is no document on the file that it was got modified by the complainant from some outside agency.As apple is one of the most famous company in the world so they are duty bound to repair the mobile hand set to the satisfaction of the customer when the defect occurred during the warranty period at its own costs.
- So due to our above discussion, as the iphone became defective within the warranty period so the complaint is allowed and the company i.e. OP No.1 is directed to get the iphone repaired at its own costs to the satisfaction of the customer. The OPs are also directed to pay Rs.5000/-as litigation expenses and Rs.5000/-as compensation for causing harassment to the complainant.
Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order. ANNOUNCED DATED:13.1.2021 Y.S.Matta Jasjit Singh Bhinder Member President | |
