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

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Mahendra Singh s/o Sh. Pratap Singh, R/o #1340, Sector 15-B, Chandigarh.

              ---Complainant

Vs.

(1)  Sony India Pvt. Limited, A-31, Mohan Cooperative Industrial Estate, Mathura Road, New Delhi – 110044, through its Managing Director.

(2)  Standard Teletronics, Showroom No. 1049, Sector 22-B, Chandigarh, through its Proprietor.

---- Opposite Parties

BEFORE:   MRS.MADHU MUTNEJA            PRESIDING MEMBER

SH. JASWINDER SINGH SIDHU    MEMBER

Argued By:    Complainant in person.

            Sh. Manik Bakshi, Counsel for Opposite Party No.1 alongwith

            Sh. Harbhajan Singh, Area Service Incharge, Sony India.

            Opposite Party No.2 ex-parte.

PER MADHU MUTNEJA, PRESIDING MEMBER

1.          The Complainant is the owner of a Sony Ericsson (J-105) mobile handset purchased from the Opposite Party No.2 vide invoice dated 19.03.2010 (Annexure P-1). On 11.06.2012, the Complainant heard a blasé and the mobile handset exploded like a bomb. The parts of the mobile handset scattered and the phone was totally damaged. The SIM card and external memory was totally destroyed. The incident happened while the mobile phone was being charged. The said incident according to the Complainant was also published in the local newspapers. The Complainant thereafter approached Police Station, Sector 11, Chandigarh to lodge his complaint regarding the incident. A DDR No.39 dated 11.06.2012 was entered for loss of SIM Card. The Complainant also made Opposite Party No.2 aware about the incident, who according to the Complainant brought up the excuse that the phone charger was sub-standard. The Complainant has thus filed the present complaint that a sum of Rs.6400/- paid for the purchase of the mobile phone be refunded along with interest @18% p.a. from 19.03.2011 till realization, besides compensation for deficiency in service and supply of hazardous material.  

2.          Notice of the complaint was sent to Opposite Parties seeking their version of the case. However, despite service, nobody has appeared on behalf of Opposite Party No.2, therefore, it was proceeded against exparte on 19.10.2012.

3.          Opposite Party No.1 in reply has stated that the Complainant has not approached this Forum with clean hands. His complaint is based on false and misconceived allegations. The mobile handset was purchased by the Complainant on 19.03.2010 after his complete satisfaction from Opposite Party No.2 subject to applicable warranty terms & conditions. Warranty card was duly provided to him, wherein it was stated that the Complainant could contact the authorized service centre for any after sale service. There was no complaint for the handset from the time of purchase till June 10, 2012 which is 02 years and 03 months after the date of purchase. The blast in the handset was at the time it was put for charging wherein the SIM card and external memory was totally destroyed and the mobile phone had got burnt. When the Complainant approached the Opposite Party No.2, Opposite Party No.2 had informed the incident to the authorized service centre of Opposite Party No.1. The engineers from the service centre had been sent to ascertain the cause of blast. Photographs of the handset were taken which are on record (Annexure A (colly) [Photostat copies] and Annexure X [originals]. After examining the photographs, the engineers at the service centre came to the conclusion that the blast had occurred due to use of other brand charger. This was conveyed to the Complainant. Hence the demands of the Complainant are wrong and not covered under the warranty clause. Denying all other allegations, Opposite Party No.1 has prayed for dismissal of the complaint. 

4.          Parties were permitted to place their respective evidence on record, in support of their contentions.

5.          We have heard the Complainant in person and learned counsel for Opposite Party No.1 (Opposite Party No.2 being ex-parte) and have perused the record.

6.          The case of the Complainant is with regard to a mobile handset which has blasted at the time of charging. It needs to mention here that the mobile handset was purchased in May, 2010 and was well out of warranty on the date of blast i.e. 11.06.2012. Annexure P-4 is the copy of the DDR No. 39 dated 11.06.2012 registered by the Complainant with the Police Station Sector 11, U.T. Chandigarh, wherein it has been stated that he had gone to the market for work when his SIM card was lost. There is no mention of the blast.

7.          Annexure-A and Annexure-X are the photographs placed on record by the Opposite Party No.1 show the condition of the mobile handset after blast and the charger used for the same. As per the Opposite Party No.1, the Charger was duplicate due to which the blast had occurred and hence they are not liable for the claims made by the Complainant. The Complainant has not rebutted this allegation of the Opposite Party No.1.

8.          As per Condition No.3 of the Warranty, the warranty does not cover any failure of the product due to normal wear and tear or due to misuse or any failure of product due to accident. It has been recommended that only batteries and chargers approved by Sony Mobile be used. Further Clause 6 of the Warranty reads as under:-

“The warranty does not cover product failures which have been caused by use of accessories or other peripheral devices which are not Sony Mobile branded original accessories intended for use with the Product.”

          As the Complainant has not rebutted the allegations of the Opposite Party No.1 by leading cogent, convincing and reliable evidence, it is evident that he has used a wrong charger for the mobile handset due to which the blast had occurred. Otherwise also, the mobile handset is out of warranty. Hence, we cannot burden the Opposite Parties with the claims made by the Complainant.

9.          Accordingly, we dismiss the present complaint, being devoid of any merit, with no order as to costs.

10.        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

10^th July, 2013                            

Sd/-

(MADHU MUTNEJA)

PRESIDING MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER