Wednesday , 20 March 2019

Complaint related to mobile phone rejected

The Consumer Disputes Redressal Forum, North Goa rejected a complaint related to alleged defective mobile phone at admissions stage.

Mahadev Manerkar, Valpoi, purchased Vivo Plus mobile phone from a shop, Mobitech Infocom,  Bicholim for Rs 22,000. Thereafter within one month, mobile started giving problems. It was hanging and also the camera was not working. This was unacceptable to Manerkar as the mobile was only one month old. Several calls were made to Mobitech Infocom to claim warranty of the phone and it was informed to him that the phone needs to be given to an authorized service centre. Instead of providing warranty to the complainant, the Mobitech Infocom informed the Manerkar that he is responsible for damaging the phone by putting it into water. According to Manerkar he was asked for repair charges of Rs 3,500 from Mobitech Infocom.

In the circumstances, it was alleged by the complainant (Manerkar) that Mobitech Infocom sold a defective mobile phone to him and further did not send the phone to the service centre nor accepted his claim for warranty. He alleged that the phone was damaged by Mobitech Infocom by opening the set since the dealer was not authorised to open the mobile phone. As the Mobitech Infocom opened the phone, the complainant on March 7, 2018 filed a police complaint that the mobile phone is at the store of Mobitech Infocom since February 2, 2018.

The complainant asked for Mobitech Infocom to replace the mobile phone with new phone and pay a sum of Rs 50,000 as well as compensation of Rs 72,000 for the hardship, mental agony and inconvenience caused by Mobitech Infocom.

Perusing the complaint and documents annexed, the Consumer Forum observed that, the mobile phone was purchased by one Pritesh and not by the complainant. This fact was gather from the bill produced by the complainant as well as the incomplete warranty card. “It is therefore clear that complainant has not purchased the mobile. It is not even the case of the complainant in the entire complaint that the said mobile was purchased by Pritesh and same was given for use to the complainant and that the complainant is a beneficiary. In these circumstances, at the first instance, we find that complainant Mahadev Manerkar does not have any locus standi to file the present complaint. The complainant cannot be said to be a consumer as he has not purchased the mobile from Mobitech Infocom,” said the Forum.

The Consumer Forum has also observed that the complainant has not produced the terms and condition of warranty and the warranty card produced by the complainant which is in the name of one Pritesh appeared to be incomplete. The compensation claimed by the complainant is also very much exorbitant. There is no justification or rather any case made out for claiming compensation of Rs 72,000. Besides the above, the complainant has also not stated what are the manufacturing defects to the said phone.

The Consumer Forum said that we find that the complainant cannot be termed as consumer and the complainant has no locus standi to file the complaint. Therefore we are not inclined to admit the complaint and proceed with the same. The complaint therefore stands rejected at admissions stage.

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