Delhi

New Delhi

CC/701/2016

Shamit Khemka - Complainant(s)

Versus

M/s Future world Retail Pvt Ltd. - Opp.Party(s)

23 Oct 2019

ORDER

 

 

                      CONSUMER DISPUTES REDRESSAL FORUM-VI

                       (DISTT. NEW DELHI),

                     ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

                                               NEW DELHI-110001

 

Case No.C.C./701/2016                                        Dated:

In the matter of:

Sh. Shamit Khemka,

S/o Sh. Amitabh Khemka,

R/o A-245, New Friends Colony,

New Delhi-110025.

                …… Complainant

 

Versus

1. Future World Retail  Pvt. Ltd.,

          N-9, Outer Circle,

        Connaught Place,

             New Delhi-110001.

 

2. Apple India  Pvt. Ltd.,

No.24, 19^th Floor Concorde Tower C,

UB City, Vittal Malaya Road,

           Bangalore -560001.

 

3. Apple Inc. I Infinite Loop Cupertino,

CA 95014, USA

                ……. Opposite parties

 

ARUN KUMAR ARYA, PRESIDENT

ORDER

       

The complainant has filed the present complaint against the OPs under section 12 of Consumer Protection Act, 1986.  The brief facts as alleged in the complaint are that on 5.10.2015, the complainant purchased An I-phone 6S(Plus) Rose gold 128 GB bearing IMEI NO.C39QHBFHGRXL on his personal trip to Singapore along with extended Apple Care + Protection Policy  having a price of Singapore Dollar SGD 1,78,00/- only i.e. Rs.81,530.00/-.  On 8.4.2016 after six months of purchasing, the above said mobile phone became unresponsive.

2.     On 9.6.2016, an employee of the complainant took the said phone to OP-1 where  he was informed that the seepage of liquid  could be possible reason for malfunction of the phone and they had conducted preliminary inspection of the phone in question  and repairs/replacement would be done as per the terms of the said policy.  The employee of OP-1 inspected the phone and stated that some connector pin was damaged. 

3.     The complainant contacted Apple Care toll free no. of OP-2  and registered his complaint.  Thereafter, the complainant received a letter  dt. 28.4.2016 from advocate of OP-1 thereby informing him that the said phone can be repaired only on payment of Rs.25,000/-.  The complainant having no other option, as such he sent a Legal Notice dt. 2.7.2016 to OP-1 claiming replacement of phone and also sought a clarification for the extended warranty of Apple Care + Protection Policy.  In its reply, OP-1 stated that Apple Care + Protection Policy was not applicable in India. It is further stated that while purchasing the mobile in question from Singapore, complainant was told that it was applicable worldwide which was astonishing to complainant.

4.     On 5.8.2016, the complainant went to USA on a trip and visited the Apple store in USA on 10.8.2016 with the said phone  and told the authorized person the problems of said phone.  The person verified after due checking of the said phone  and stated that it was a defect with phone and there was no evidence of tampering or unauthorized modification within the phone  and replaced the said phone with a new one immediately without any demur.  He was also informed that Apple Care + Protection Policy  and extended warranty is available in India  and said phone should have been replaced in  India too. Due to the misguidance by OP-1, complainant faced a huge loss in business as the customers of complainant could not contact him, therefore, the complainant send a legal notice dt. 14.11.2016 to the OPs but all in vain, therefore, complainant has approached this Forum for redressal of his grievance.

5.     Consequent upon the receipt of complaint notice was sent to the OPs.  Despite service, none appeared on behalf of OPs, therefore, they were  ordered to be proceeded with ex-parte on 20.3.2017.

6.     The complainant has filed his evidence by way of affidavit. 

7.     We have heard arguments advanced at the Bar and have perused the record.

8.     Complainant has placed on record the copy of the Invoice, copies of the communications exchanged between the parties in support of his case.

9.     Perusal of the complaint along with annexures shows that the complainant has failed to place on record any record, which established that Apple Care + Protection Policy is available in India against the mobile phone in question purchased by the complainant from Singapore and the same is denied.

10.    In view of the above, the present complaint is dismissed being having no merits.

 A copy of this order each be sent to both parties free of cost by post.

This final order be sent to server (www.confonet.nic.in ). File be consigned to Record Room.

 

 Announced in open Forum on 23/10/2019 .

 

 

(ARUN KUMAR ARYA)

                                                       PRESIDENT

 

(NIPUR CHANDNA)                                            (H M VYAS)

                    MEMBER                                                  MEMBER