The District Consumer Disputes Redressal Forum has asked a shop owner and a mobile company to pay Rs 20,500 i.e. the price of the product to the complainant.
The forum has also asked them to pay Rs 3,000 as compensation for ‘mental agony’ and ‘physical harassment’ to the complainant along with Rs 5,500 as costs of litigation.
The complainant, Vasudev Gupta, a resident of Sector 39, stated in his complaint that on June 25, 2015, he purchased a mobile handset of HTC Desire 820S with IMEI 356059062236688 from National Watch Company in Sector 22. The watch had a warranty of one year.
Gupta also purchased an insurance cover for loss against theft or other kind of damages for Rs 1,299 to Syska Gadget Secure in Pune. After a couple of months, the mobile handset used to shut down in between calls. The internet also stopped working, and the phone became completely dead on November 15, 2015.
Gupta approached the authorised service center i.e. Shivam Communications in Sector 11 in Panchkula on November 16, 2015, with a job sheet. There the attendant kept the same and asked him to collect it after a couple of days.
Thereafter, Gupta visited Shivam Communications a number of times, but the attendants put off the matter on one pretext or the other. He ultimately wrote an email to HTC India Pvt. Ltd., Gurgaon, in this regard.
The complainant said that he was shocked to see that he was given a bill of Rs 15,934 and offered a discount of 20 per cent on the repair of the handset with an e-mail. When he informed that the handset was under warranty, company officials said the handset was dead due to ‘liquid ingress’.
According to the complainant, there was no liquid ingress in the mobile handset when he handed it over for repair. Subsequently, he informed Syska Gadget Secure about the problem. It has been alleged that the company had sold a defective handset to him.
Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice, the complainant approached the consumer redressal forum. The opposite parties did not appear before the forum despite notices through registered post which led to ex-parte proceedings against them.
The forum held, “The mobile phone in question became dead within five months of its purchase. The complainant has placed on record a copy of the job sheet dated November 16, 2015 with which he handed over the phone in question to the authorised service center i.e. Shivam Communications with the complaint ‘auto power off or fail to wake up, display not show and phone is dead’.”
“A close scrutiny of the job sheet reveals that no remarks of liquid damage, as alleged in the e-mail by HTC Company has been made by the service engineer of Shivam Communications. Had there been any liquid damage to the mobile phone in question, then the remarks regarding the same must have been made by the service engineer. Hence, it appears that the mobile phone in question might have been suffering from some major problem which is not repairable and as such the mobile company has concocted a false and frivolous story regarding the liquid damage to avoid its liability under warranty,” the forum further observed.