Order-11.
Date-27/07/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainants’ case, in short, is that complainant no.1purchased one Sony Experia Z-5 Premium dual mobile phone model no.E6883 through Amazon.in, an online product booking portal from OP3 vide invoice no.2015-16/Nov/00105 dated 16-11-2015 for Rs.58,990/- with warranty for one year. On 31-12-2015 the said mobile handset was submitted to OP2 by the complainant since the front panel developed one single crack when it was in the custody of the complainant.
Complainant no.1 is a retired person, complainant no.2 is the paying guest of complainant no.1. On 02-01-2016 the complainant paid an amount of Rs.15,473/- in cash for the repair of the phone since the damage occurred in the hand of the complainant no.1 and is not covered under warranty as told by the service centre. After repeated requests OP2 returned the repaired handset to the complainant on 27-01-2016 i.e. after a gap of 26 days. The repaired phone was working good. However, the next morning i.e on 28-01-2016, complainant no.1 listen to music under normal shower in the bathroom since the phone was IP68 certified. Water entered into the unit and water was seen in the front and rear camera. After the incident, the mobile went dead that is within 24 hours of the receipt of the phone from OP2. The complainant immediately contacted OP2 over phone and informed the incident. The complainant also went to the office of the OP2 who insisted that the set was to be sent to their head office at Chennai for checking and expert opinion. It is alleged by the complainant that the repair was done hurriedly and soak test was never performed. On 30-01-2016 Sony India estimated a further charge of Rs.24,598.61 Plus taxes towards the cost of repair which is totally unacceptable to the complainant. Hence, this case.
OPs have neither appeared in this case nor filed any written version and the case has proceeded ex parte.
Point for Decision
- Whether the OPs are guilty of deficiency of service?
- Whether the complainant no.1 is entitled to get the relief as prayed for?
Decision with Reasons
We have travelled over the documents on record, viz. bill invoice, warranty certificate, estimate of service centre, job sheet, phone specification of Sony Experia Z-5 Premium Dual. We find that the phone was IP68 certified – Dust proof and water resistant over 1.5 meter and 30 minutes. It is alleged by the complainant that on 28-01-2016 while he was listening to music under normal water shower in the bathroom, water entered into the unit and the mobile phone went dead. He contacted with OP2 but he was told that the phone was to be sent to their head office at Chennai for analysis and estimate purpose. On 30-01-2016 as stated by the complainant, the complainant received a message in his mobile phone from Sony India estimating a charge of Rs.24.598-61 Plus taxes towards the cost of repair. We find that the water soaking took place within the warranty period. It is given to understand to us that water entered into the unit rendering the set dead but actually it should not happen so when the mobile set is certified as water resistance over 1.54 meter and 30 minutes.
None came from the side of the OPs to challenge or controvert the case of the complainant. The Examination-in-Chief of the complainant remains unchallenged and uncontroverted. In absence of any contrary and controverting material on record and having regard to the documents thereon we think that the disputed mobile phone suffered from manufacturing defect or soak test was never performed while OP2 handed over the repaired mobile phone on 28-01-2016 to the complainant. We think it is a case of deficiency of service. The complainant we think is entitled to get the relief as prayed for.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed ex parte against the OPs.
OPs are jointly and severally hereby directed to replace the defective mobile set with a new one of similar specification with one year warranty anew or pay the cost of the mobile phone of Rs.58,990/- with 15 percentdeduction thereof on non-standard basis within one month from the date of this order.
The OPs are also directed to pay an amount of Rs.10,000/- as litigation cost and Rs.10,000/- for causing mental pain and agony to the complainant within the stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution and in that case OPs will be liable to pay penalty at the rate ofRs.2000/- per month to be paid to this Forum till full and final satisfaction of the decree.
