Chandigarh

DF-II

CC/364/2016

Manish Kumar - Complainant(s)

Versus

Lenovo PC HK Limited - Opp.Party(s)

In Person

13 Dec 2016

ORDER

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

Consumer Complaint  No	:	364  of 2016
Date  of  Institution	:	24.05.2016
Date   of   Decision	:	13.12.2016

 

 

 

 

Manish Kumar s/o Sh.Ram Darsh r/o H.No.2648, Sector 21, Panchkula, Haryana.

                …..Complainant

Versus

 

1.     M/s Lenovo PC HK Ltd., 23/F, Lincoin House, Taikoo Place, 979 King’s Road Quarry Bag, Hong Kong (Manufacturer).

 

2.     M/s Lenovo (I) Pvt. Ltd., Ferns (India) Pvt. Ltd, Icon Level 2, Doodedenakundi, Village Marathahali, Outer Ring Road, Hobli, Banglore-560037 (Importer).

 

3.     Lenovo Service Center, SCO No.26, Sector 20-D, Chandigarh.

 

….. Opposite Parties

 

BEFORE:    SH.RAJAN DEWAN, PRESIDENT

                SH.RAVINDER SINGH, MEMBER

                SMT.PRITI MALHOTRA, MEMBER

 

Argued By:

Complainant in person.

OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

 

                  In brief, the case of the complainant is that  he purchased a mobile set make Lenovo vide Invoice dated 29.05.2015 for Rs.7,500/-, having warranty of one year.  It has been alleged that after its purchase, the mobile phone became defective on various occasions i.e. 01.08.2015, 10.12.2015 and in January 2016 and on his complaints, the same was repaired.  It has further been averred that since the defects started occurring in the mobile phone again and again and therefore, it was duty of the OPs to replace the same with a new one which they did not.  It has further been averred that now the mobile phone started becoming hot and when he requested the service center of the OPs, they demanded Rs.3,000/- towards its repair and display instrument. Alleging deficiency in service for the above act & conduct of the OPs and also for the unfair trade practice resorted to by the OPs, this complaint has been filed by the complainant.  

2.         Despite due service through registered post, Opposite Parties No.1 & 3 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 30.06.2016.
3.         In its written statement, OP No.2 has admitted that the complainant purchased the mobile phone in question from M/s WS Retail Services Pvt. Ltd., New Delhi.  It has further been pleaded that the answering OP does not have any call logs or records relating to alleged handing over of phone to OP No.3 on 01.08.2015. As per the record of answering OP, 1st service call was lodged on 05.10.2015 wherein the problem of power on/off was rectified by replacing the PCB free of cost under warranty and the mobile phone was returned on 07.10.2015. It was denied that the mobile phone was given for repairs on 10.12.2015 whereas the same was given on 07.12.2015 and the problem of power on/off was rectified by replacing the PCB free of cost under warranty and the mobile phone was returned on 14.12.2015. It has further been pleaded that the Company duly repaired the mobile set free of cost under warranty on two occasions when the problem was reported and there was no cause to replace the mobile handset as the problem was already rectified.  It has been denied that the complainant ever reported any problem after 14.12.2015. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
4.         The complainant led evidence in support of his contentions.
5.         We have heard the complainant, in person, and have also perused the record.
6.         It is apposite to mention here that during the pendency of the complaint, OP No.2 as a gesture of goodwill offered to repair the mobile handset in question of the complainant and as such he was directed vide order dated 31.08.2016 to hand over the mobile phone in question at the service center of the OPs.  Accordingly, the mobile phone in question was delivered at the service center on 13.10.2016 with problem of slow and heating vide Customer Information Slip.   However, on inspection by the Service Engineer, it was found that the same was out of warranty as the touch screen, tempered glass and back housing of the mobile phone in question were found to be broken and there was no back cover.  The aforesaid Customer Information Slip dated 13.10.2016 was duly signed by the complainant himself. Thus, it was a case of CID (Customer Induced Damaged) and the same was not covered under the warranty terms.  Sh.Shankara Narayanan Prakash, Senior Technical Manager of the OP has placed on his duly sworn affidavit deposing therein that after diagnosis it was found that the touch was broken, RF cable damaged (internal antenna), back camera damaged and there was short circuit in the handset.  He has further deposed in his affidavit that it was a case of Customer Induced Damage (CID) and there was no obligation of the OPs to repair the handset free of cost. The evidence led by the OPs has not been rebutted by the complainant.  He has not been able to place on record any warranty terms to show that the OPs are yet liable to repair the mobile phone in question free of costs in case, there is any physical damage to it.  
7.         Besides this, there is no dispute about the fact that physical damages are not covered under the warranty terms and the same cannot, by any stretch of imagination, be termed as manufacturing defects.  Thus, keeping in view the physical damages to the mobile phone in question, we have no hesitation to conclude that the same is out of warranty. That being so, no deficiency in service can be attributed on the part of the Opposite Parties.
8.           Resultantly, finding the complaint to be devoid of any merit and substance, the same is hereby dismissed with no order as to costs
9.           The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                                              sd/-

13.12.2016                                                            (RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER