Complaint Details

Status	:	Closed
Complaint No	:	0020249/2014
Category	:	Others
Date	:	01-04-2014
Subject Line	:	Service centre refusal to service under warranty mobile set
Complainant	:	Amit Mangal
Address	:	K 3066, Devinder Vihar, Sector 56, Gurgaon
Complainee	:	Sony India
Address	:	A - 31, Mohan Co-operative Industrial Estate, Mathura Road

Complaint Details
1. Particulars of complainant:
Full Name: Amit Mangal
Complete Address: K 3066, Devinder Vihar, Sector 56, Gurgaon, Haryana

2. Particulars of the Opposite party:
Opposite party No. 1
Full Name of dealer/shop/Firm/manufacture: Kenichiro Hibi, Sony India
Complete Address: A - 31, Mohan Co-operative Industrial Estate, Mathura Road
New Delhi – 110044

3. Particulars relating to goods/services complained of:
(a) Details of goods/service: Sony Xperia L Mobile Phone (IMEI No. 356605053679896)
Item of goods with quantum/nature of service: Mobile phone
Date when goods purchased/service obtained: 18/10/13
Amount paid as consideration:15,199

(b) Whether the complaint relates to:
One or more defects in goods: Mobile sold with defect resulting in malfunctioning of the phone at a later date
Deficiency in services: Faulty parts not replaced under warranty by service centre sighting wrong reasons.

4. Details of attempts made to get the matter complained of settled and result thereof:
Personal negotiations: I raised a complaint at Sony customer care and personally went to service centre located at Sector 14, Gurgaon. Service centre head Mr. Shitij Sharma refused to accept the set for repair for some unknown reasons. Then after much argument, he checked the handset and informed me that it is damaged (mother board is damaged) and doesn’t come under warranty. I explained to him that it is not possible as the handset outer shell is completely ok with no sign of physical or liquid damage but he didn’t agree. I complained about this to Sony care and got a reply back that I need to pay the repair cost sighting reasons which were not told to me at the Service Centre.
Reasons
1. Opened by unauthorized service centre- I explained that this set is never opened before by any person. I don’t know how to prove this but this is true.
2. Liquid damage- New point. Not raised by service centre when I personally visited service centre. I am sure that on the basis of lab check there will be no traces of liquid entering the phone.
3. Camera module damage- New point not raised by Service Centre earlier.


Copy of the communication enclosed.

5. Whether any other law/rules/regulations/procedure applicable: Not known

6. Details of documents/witnesses relied upon to substantiate the complaint. Not known

7. Relief claimed:

a) To replace the goods with new goods and
b) Compensation claimed for personal suffering due to inadequate reply received despite explaining the reasons in detail.

8. the Forum/State Commission has jurisdiction to entertain the complaint in view of-
(a) Section 11(i)/Sec 17 of the Consumer Protection Act
(b) The extent of amount involved being Rs: Cost of new device (Rs. 15K)+ Personal suffering due to non-acceptance of facts presented to management (Rs. 10,00,000)
The cause of action having accrued at:

PRAYER
It is, therefore most respectfully prayed that complaint against Kenichiro Hibi be accepted
Through myself.
Place Gurgaon
Date 1/4/14


VERIFICATION
I, Amit Manga S/o M M Mangal resident of K 3066, Devinder Vihar, Sector 56, Gurgaon do solemnly declare and state that the particulars stated above are true to the best of my knowledge and belief and no part thereof is false and nothing material has been concealed therefrom. The annexures are exact copies/translation of their originals. I undertake to pay any sum required for the conducting of test in the laboratory as per the provisions of Sec. 13(1)(d) of the Consumer Protection Act, 1986.
Verified at this first day of April two thousand and Fourteen
DEPONENT
Enclosure (Mark enclosures as Annexure I, II, III etc.)
Amit Mangal
K 3066, Devinder Vihar, Sector 56, Gurgaon

Enclosures:
Annexure I – Reply from Sony India
Annexure II-

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