DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

                                      Consumer Complaint No. 39 of 6.2.2017

                                      Decided on:    28.2.2018

S.P.Verma, aged 45 years, S/o late Sh.O,P.Verma, R/o H.No.143, New Mehar Singh Colony, Patiala-147001(Punjab, India).

                                                                   …………...Complainant

                                      Versus

1.       M/s. Acer India (Private) Limited ( through its Managing Director, Embassy Heights, 6^th Floor, No.13, Magrath Road, Bangaluru-560025 (Karnataka, India).

2.       M/s HCL Touch (Authorized Service provider-Acer Smartphone/ Punjab-State-North Region,) SCO No.66-67, 2^nd Floor, Sec tor-17A, Chandigarh-160017(UT).

3.       M/s FLIPKART Internet Private Limited, Vaishnavi Summit, Ground Floor, 7^th Main, 80 Feet Road, 3^rd Block, Koramangala, Bangaluru-560034(Karnataka, India).

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member                       

ARGUED BY:                                       

                                      Sh.S.P.Verma, complainant in person.

                                      Sh.P.S.Sidhu, Advocate, counsel for Opposite Party No.1

                                      None for Opposite Parties No.2&3.                                     

 ORDER

                                    SMT.NEELAM  GUPTA,  MEMBER

1. The complainant purchased a Smartphone ACER LIQUID Z 530(LTE-4G) for a sum of Rs.6999/- plus 1 free New 4-G Sim (Sim E 6QUAEA6 PNT9U WID:VJ91979/8991000900-109343288U for Rs.100/- of M/s Bharti Airtel Ltd., bearing IMEI serial No.352794074992811 & 352794074992829 (dual sim) sold on-line by OP no.3 on 12.1.2016 which was delivered to the complainant on 17.1.2016 upon cash payment of Rs.7000/- to the delivery man. It is averred that in the month of October,2016, the complainant got the Reliance Jio LTE 4-G SIM No.7986728097 activated and installed/used the said Sim in the said smart phone ACER LIQUID Z 530 (LTE-4G) but the said mobile phone failed to catch the Reliance JIO Signals and did not show/exhibit JIO Towers anywhere in almost all the prominent places of Patiala city where as the said sim was found to be functioning fully and smoothly in other 4-G LTE sets of many other companies i.e. Samsung, Micromax, Xiomi etc. Hence the complainant could not use 4G LTE services offered by said Reliance GIO Telecom, on the said mobile phone ( the so called LTE 4G). The complainant ultimately contacted OP no.1 on its toll free number:1800-11-1677 and also sent an e-mail on 1.11.2016 at its official e-mail Id. The complainant also intimated OP no.1 regarding the non availability of any authorized customer care-service centre at Patiala for the repair of ACER smart pnone. OP no.1 told the complainant to contact its customer care team on their toll free number 1800-11-1677. On 13.12.2016, the complainant personally visited the service centre of the company at Chandigarh but the official of the service centre i.e. OP no.2 expressed his helplessness to resolve the problem. On 20.12.2016, the complainant got served a legal notice to the OPs. In its reply to the legal notice, the company i.e. OP no.1 expressed its indifference by disowning the above said malfunctioning of the mobile phone. As the problem occurred during warranty period and failure on the part of the OPs to rectify the problem amounted to deficiency in service on their part. Finding no alternative, the complainant approached this Forum under Section 12 of the Consumer Protection Act(for short the Act),1986.
2. On notice, OPs appeared through their respective counsels and filed their reply to the complaint.
3. In the reply, OP no.1, has submitted that its Customer Care Service Centre never expressed their helplessness to resolve the problem. Rather the technicians of OP no.2 checked the mobile phone of the complainant and confirmed that there was no hardware problem in the mobile phone and the complainant was explained that the non accessibility of signals of JIO 4-G-LTE service was on account of network problem or on account of fault in the said JIO sim. After denying all other allegations made in the complaint, it was prayed to dismiss the complaint.
4. In the written version filed by OP no.2, it has submitted that the complainant never approached it for the resolution of the problem. As such OP no.2 cannot be said to be deficient in service. After denying all other allegations made in the complaint, it was prayed to dismiss the complaint.
5. Whereas the OP no.3 in its reply to the complaint has submitted that the product in question was not sold by it but by a vendor /seller registered on the web portal www.flipkart.com. Moreover, the warranty and after sales service of the product is provided by the manufacturer. As such no cause of action has arisen against it and it was prayed to dismiss the complaint.
6. In support of the complaint, the complainant has tendered in evidence Ex.CA his affidavit alongwith documents Exs.C1 to C9 and closed the evidence.
7. The Ld. counsel for OP no.1 has tendered in evidence Ex.OPA affidavit of Sh.Sanjiv Kumar, Manager Customer Services, alongwith documents Exs.OP1 & OP2 and closed the evidence of OP no.1.

The ld. counsel for OP No.2 has tendered in evidence Ex.OPB affidavit of Sh.Prabhkar Tiwari, Deputy Manager, Legal, HCL services Ltd. and closed the evidence of Op no.2.

The ld. counsel for OP no.3 has stated that the written version filed by OP no.3 be read as evidence on behalf of OP no.3 and closed the evidence of OP no.3.

8. We have heard the complainant, ld. counsel for OP No.1, gone through the written arguments filed by the complainant and have also gone through the record of the case, carefully.
9. Ex.C1 is the document showing placement of the order by the complainant with Op no.3 on 12.1.2016 and the confirmation of the order on 13.1.2016. Ex.C2 is the e-mail sent by the complainant to OP no.1 mentioning the non functioning of JIO SIM on ACER LIQUID Z 530 smart phone. Ex.C3 is the e-mail sent by OP no.1 to the complainant directing him to contact its customer care team on its toll free number. The complainant had approached OP no.2 on 13.12.2016 but OP no.2 has stated that the complainant never approached it. In proof of his visiting  the OP no.2 on 13.12.2016, the complainant has placed on record Ex.C8 i.e. the copy of the ‘bus pass’ dated 13.12.2016 showing that he went to Chandigarh on 13.12.2016 to contact OP no.2 for the rectification of the problem of his mobile phone. Even OP no.1 in para 8 , line 4 of its written statement has clearly admitted that when the complainant approached OP no.1, its technician checked the mobile phone of the complainant and confirmed that there was no hardware problem in the mobile phone and the complainant was fully explained that the non-accessibility of signals of JIO-4G-LTE service was on account of network problem or on account of fault in the said JIO sim.
10. In the present case, it is very clear that the mobile phone of the complainant was LTE-4G SIM. But in the mobile phone in question, Reliance LTE 4G SIM is not functioning whereas LTE 4G Sims of other companies are functioning. Hence there is some problem in the mobile phone due to which the Reliance LTE 4G sim is not working. The complainant approached service centre of the company i.e. OP no.2, but it could not rectify the problem. Since the problem occurred in the mobile phone during warranty period, OP no.2 being the service centre of OP no.1 i.e. the Manufacturer was bound to rectify the problem in the mobile phone so that the Reliance LTE 4G  Sim starts working in the said mobile phone.
11. In view of the aforesaid discussion, we accept the complaint of the complainant  with a direction to OPs No.1&2 to rectify the problem in the mobile phone to make the Reliance LTE 4G Sim functional in the said mobile phone without charging any amount from the complainant. If that is not possible, to refund an amount of Rs.6999/- i.e. the price of the mobile phone to the complainant. OPs No.1&2 are further directed to pay a sum of Rs.2500/- as compensation for causing mental agony and physical harassment to the complainant alongwith a sum of Rs.2500/-as litigation expenses. Order be complied by the OPs No.1&2 within a period of 45 days from the date of the receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:28.2.2018                

                                                                   NEENA SANDHU

                                                                       PRESIDENT

                                                                   NEELAM GUPTA

                                                                         MEMBER