Swipe Telecom LLP, Buildings No.3, Realty Warehouse Pvt. Ltd., Gat No.2323/1 (Old), Gat No.1337/1 (New) Nagar Road, Wagholi, Pune, through M.D.

……Appellant/Opposite Party No.1

V e r s u s

1.Kapish Kumar s/o Sh.Prem Kumar, Flat No.267, Advocates Enclave, Sector 49-A, Chandigarh.

....Respondent No.1/Complainant

2.Alpha Infotech, 2068/1-2, Burial, Opp. H.No.506, Sector 45-A, Chandigarh (Service Centre) through Branch Head.

....Respondent No.2/Opposite Party No.2

3.Anmol Watches & Electronic (P) Ltd., SCO 1043, Sector 22-B, Chandigarh.

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE:  

Argued by:

PER JUSTICE SHAM SUNDER (RETD.), PRESIDENT

       order dated 14.03.2014, rendered by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (hereinafter to be called as the District Forum only), vide which, it parlty accepted the complaint, filed by the complainant (now respondent No.1) and directed the Opposite Parties (now one of which is the appellant, and the other two are respondents No.2 and 3), as under:-

“After going through the facts & circumstances of the case and perusing the record, we are of the opinion that non-providing of proper & timely services by the OPs inspite of said tablet within the warranty period, definitely caused physical & mental harassment to the complainant.  Therefore, the complaint deserves to be partly allowed. Accordingly, the complaint stands partly allowed. The OPs are jointly & severally  directed as under:-

i)     To get the Tablet of the complainant repaired, free of charge, and handover the same to him in perfect working order with extended warranty of one year from the date of such repair.

ii)    To make payment of an amount of Rs.4000/- to the complainant as compensation and litigation expenses.

This order shall be complied with by the OPs within one month from the date of receipt of its certified copy, failing which, the OPs shall be jointly & severally liable to refund a sum of Rs.7750/- being the cost of handset (Ann.C-1) plus Rs.4000/- as awarded along with interest @12% p.a. from the date of filing of the present complaint i.e. 14.11.2013 till realization.”      

2.            18.01.2013, from Opposite Party No.3, manufactured by Opposite Party No.1, for a sum of Rs.7550/-, having one year warranty.  It was stated that from the very beginning, the said tablet did not work properly. It was not giving satisfactory results, and suffered from the problems of automatic deletion of data; non-saving of data; and non-working of most of the applications. There was also some system software/mother board and hanging problem, in the said tablet.  Accordingly, However, on the next day, the complainant again faced the same problems, and, thus, visited Opposite Party No.2. Opposite Party No.2, sent the tablet to Opposite Party No.1, for rectification of the defects therein. It was further stated that Opposite Party No.2, had assured the complainant that either It was further stated that neither the tablet aforesaid was returned after the rectification of defects, nor the same was replaced with a new one. It was further stated that the aforesaid acts of the Opposite Parties, amounted to deficiency, in rendering service,

3.             It was stated that there was no manufacturing defect, in the said tablet.  It was further stated that there was some software problem, in the tablet, and the technical team of Opposite Party No.1, repaired it, by loading/updating the software, which took 25 to 32 days. It was further stated It was further stated that Opposite Party No.1, was still ready to give a new advanced tablet of Swipe Halo Value, to the complainant, with three months extended warranty, as a goodwill gesture. It was further stated that neither there was any deficiency, in rendering service, on the part of Opposite Party No.1, nor it indulged into unfair trade practice. The remaining averments, were denied, being wrong.

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9.            18.01.2013,

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Pronounced.

02/05/2014

Sd/-

[JUSTICE SHAM SUNDER (RETD.)]

PRESIDENT

Sd/-

(DEV RAJ)

MEMBER

Sd/-

(PADMA PANDEY)

Rg