Firm, service centre fined for defective mobile

Tribune News Service

Chandigarh, May 20

Coming down heavily on a mobile manufacturing firm and an authorised service centre for deficiency in service, the District Consumer Disputes Redressal Forum has ordered them to pay Rs 10,000 to a Nayagaon resident for causing metal agony and harassment and also to pay the cost of the handset.

According to the forum, complainant Dan Singh, a resident of Nayagaon, Mohali, had purchased a Redmi Note-5 (Gold) mobile handset from Ashoka Enterprises, Nayagaon, on June 6, 2018, for Rs 12,000 with one-year warranty. Within two days, the complainant found that the volume button of the mobile handset was not working and on June 12, the mobile handset switched off and never came into motion thereafter.

On the instructions of the shopkeeper, Dan Singh approached QDIGI Services Limited, Xiaomi Service Centre, Sector 22-C, Chandigarh, on June 14, who after inspection of the handset assured that they would take up the matter with Xiaomi Technology India Private Limited, Bangalore, and therefore, issue a DO (demi official) letter to the complainant for the replacement of the handset.

However on June 20, the service centre offered to repair the handset at a cost of Rs 10,000. When the complainant opposed the same, the service centre issued a service record sheet mentioning that the handset was out of warranty as its main board and display battery were liquid logged and the back cover was bent.

A notice was sent to opposite parties seeking their version of the case. However, nobody appeared on behalf of the service centre and it was proceeded ex-parte.

The shopkeeper pleaded that he was only a dealer and for any manufacturing defect, only manufacturer was liable.

However, the manufacturer pleaded that after examining the product for defects, it was ascertained that the product had suffered physical damage. Technicians requested the complainant to pay repair costs since physical damages were not covered under standard warranty terms and conditions.

“Non-appearance of the QDIGI Services Limited shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go un-rebutted and uncontroverted,” stated the forum.

“No doubt, the mobile handset was under warranty for a period of one year. However, once it is proved on record that there is a defect, imperfection in the quality of the product and there is a manufacturing defect, the warranty amounts to guarantee to replace the product/refund the amount charged against the product sold. A consumer will not like to purchase headache as is happened in the present case. Soon after its purchase, the mobile handset failed to give satisfactory performance, which is a product manufactured and sold by a reputed company like Xiaomi,” observed the forum.

In view of the above observation, the forum directed the opposite parties to refund the price of the mobile handset amounting to Rs 12,000 to the complainant, pay Rs 5,000 as compensation for deficiency in service, unfair trade practice and for mental agony and harassment and Rs 5,000 as costs of litigation.

The case

According to the forum, complainant Dan Singh, a resident of Nayagaon, Mohali, had purchased a Redmi Note-5 (Gold) mobile handset from Ashoka Enterprises, Nayagaon, on June 6, 2018, for Rs 12,000 with one-year warranty. Within two days, the complainant found that the volume button of the mobile handset was not working and on June 12, the mobile handset switched off and never came into motion thereafter.