Case Final Argument

Before the District Consumer Disputes Redressal Forum, Pune.
Consumer Complaint No….....

Mr. Deepak Bansal Complainant
1006/A Wing, Sun Sapphire Society,
Shinde Vasti, Hadapsar,
Pune – 411013, Maharashtra
Versus
1. GOOGLE Opponent Party 1
3, North Avenue, Maker Maxity,
Bandra Kurla Complex, Bandra,
East Mumbai - 400051, Maharashtra
Land-line number 022-6611150
2. B2X Opponent Party 2

102, 104, Sky Max,
Datta Mandir Chowk, Vimannagar,
INDEX
Sr. PAGE
PARTICULAR
No. NO.
1 JURISDICTION 2
2 STATEMENT OF FACTS 3
3 STATEMENT OF ARGUMENTS 4-7
4 PRAYER 8
5 LIST OF DOCUMENTS 9
6 AFFIDAVIT 10
7 ADDRESS PURSIS 11
Date: / / Complainant Sign

1
Versus

102, 104, Sky Max,
JURISDICTION
The present case has been filed before the District Consumer Disputes Redressal Forum
under section 12 and 11 (2) (b) of Consumer Protection Act 1986
2
Versus

102, 104, Sky Max,
STATEMENT OF FACTS
I bought a mobile phone Google Pixel 2 just black 64 GB from online
retailer Flipkart with 2 years of brand (Google) warranty. My phone
started having heating and performance issues after few months of
use. The phone was sent for repair to B2X (Service center of Google).
During repair the bezels of the screen (screen sides) got severely
damaged. Now Google and B2X is forcing me to accept the damaged
phone rather than replacing the phone and is placing the false
accusation that the phone was initially damaged by me. As they are
refusing to take back this Google Pixel 2 just black 64gb which is
damaged by their service center(B2X) they are following unfair trade
practice.
3
Versus

102, 104, Sky Max,
STATEMENT OF ARGUMENTS
Google is company from which I bought the phone and B2X is service
provider of Google. Google is doing business of providing mobile
phones and then provide service for two years.
I am working in Information Technology Industry. Hence, I decided to use
new advanced version of Google Pixel 2 just black 64gb for ease of
doing my day to day activity and to meet my work and personal
requirements. I had purchased it from Flipkart.com as per Invoice number
#FAAXXV1800107229, dated on 07-dec-2017 for an amount of INR
39,999/- (Thirty-nine thousand nine hundred ninety nine only/-)
4
including two years warranty charges. I had made the payment by bank
transfer to them. At the time of purchase, they had issued Warranty with
validity for two years. The copies of the invoice are enclosed for your kind
consideration.
As per terms and conditions contained in the Warranty and invoice, they
are liable to render full services for two years from the date of purchase
and liable to replace it or refund the purchase amount if it is damaged
within the warranty period.
My mobile phone started auto re-booting within 1 month from the date of
purchase. Hence, I had requested Google to do the needful. Therefore, B2X
(3rd party service provider of Google) had picked up the phone on 23-dec-
2017 and did the necessary repair work and returned it on 08-jan-2018.
Again, after a period of eight days my mobile phone once again started
having the same problems. Hence once again I had requested them to do
the needful. Therefore, B2X again picked up my mobile phone on 16-jan-
2018 and did the necessary repair work and attempted to return it on 29-
jan-2018. But there were scratches made by them during the repair work on
brand new phone. Therefore, I refused to accept the phone. Thus, after the
period of 29 days, i.e., on 27-feb-2018 they had delivered the new phone
to me.
After few months of use, the phone started having heating and
performance issues. Hence, I had made the request to Google to do the
needful on 15-jul-2018. I was forced to do the factory data reset twice
which cost me loss of data and a lot of time to restore the phone. When
factory data reset failed in solving the issue, then B2X picked up my
phone on 08-aug-2018 which is not delivered till today.
During this period, I was informed over the mail that the motherboard of
the phone was changed and hence the IMEI number of the phone also got
changed. When B2X attempted the delivery on 19-aug-2018 I found
severe
5
damages over the screen bezels of the phone at the time of delivery in
front of the delivery boy.
When I communicated the same thing to Google help line center, they
promised me to do the needful again. At the same time, I emailed the
photos of damaged phone to help center and help center had advised to me
not to accept the delivery. So as per the instructions given by the google
help line center I did not accept the phone. In order to get back my phone
I had send them several emails for follow-up action, but no response was
obtained from help center. Then after a period of irresponsive 21days,
help center asked me to accept the damaged phone by stating false reason
that the phone was initially damaged by me which was very surprising for
me and I was shocked by the contrasting behavior of them.
I had opened the phone on 19-aug-2018 just for taking photos of damaged
phone in front of delivery boy. Again, they had taken Rs. 22,000/- bond for
any damages to loner phone which is Nexus 5X given for use for myself.
To resolve the above problem, I had send several emails, but neither got
proper reply to resolve issue faced by me nor they are ready to replace it
for the best reason known to them.
The phone was damaged and malfunctioning and hence was of no use
to me. The improper functioning of it was causing irritation and
disturbing my work schedule and I have been facing great difficulties
to get the purpose fulfilled for which I had purchased it from them and
now they are not responding to the requests, which amounts to
deficiencies in service.
I had sent my phone to Google’s authorized service center at Shivajinagar,
Pune dated on 08-aug-2018 at job number registered as GL0019663 and
Google had entered the case number as 2-0240000022792 in order to remove
the defects in it, but it was of no use. Thus, I had also send the legal notice for
their kind consideration that this Pixel 2 just black 64gb was not in acceptable
condition. After the due care taken as per recommendation of
6
company, neither company had resolved the issue, nor did they return the
phone to me till today.
As they had refused to take back this Pixel 2 just black 64gb which is
damaged by their service center they are following unfair trade
practice, which is causing mental agony to me. After a lot of follow-ups
with Google by me, I decided to proceed against Google by legal way
without any choice.
7

Versus
3, North Avenue, Maker Maxity, Bandra Kurla

Complex, Bandra, East Mumbai - 400051,
Maharashtra Land-line number 022-6611150 2.
B2X
Opponent Party 2
102, 104, Sky Max,

PRAYER
IT IS HUMBLY SUBMITTED Before the District Consumer Disputes Redressal
Forum, Pune. THAT IN THE LIGHTS OF THE ABOVE ARGUMENTS AND
PROOFS THE COMPLAINANT HUMBLY PRAYS BEFORE THE FORUM, TO BE
GRACIOUSLY PLEADED TO:
1. parties be kindly directed to refund/return the amount INR 39,999 The complaint
application be kindly allowed.
2. Opposite which is paid by the complainant with interest 9% per month.
3. Opposite party be kindly directed to pay Cost of the buyback deal with Flipkart
i.e. INR 30,500 to the Complainant
4. Opposite party be kindly directed to pay Cost of the legal notice INR
4,000 to the Complainant.
5. Opposite parties be kindly directed to pay INR 1,00,000 to the
Complainant as Compensation for mental agony and harassment in the due
course.
AND PASS ANY OTHER ORDER, DIRECTION, OR RELIEF THAT IT MAY
DEEM FIT IN THE BEST INTERESTS OF JUSTICE, FAIRNESS, EQUITY AND
GOOD CONSCIENCE.
FOR THIS ACT OF KINDNESS, THE COMPLAINANT SHALL DUTY BOUND
FOREVER PRAYS.
Place: Pune
8
Versus

102, 104, Sky Max,
List of the Documents enclosed
Sr. Particular Page

No. No.
1. Invoice of the phone 12
2. Photos of the damaged phone 13
3. Conversation over mails 14
9
Versus

102, 104, Sky Max,
AFFIDAVIT
I Deepak Bansal Age 24 years
Address 1006/A Wing, Sun Sapphire Society, Shinde Vasti, Hadapsar,
the above-named complainant does hereby declare that the particulars
stated in above Complaint Application are true and correct to the best
of my knowledge information and belief.
Place: Pune Affiant Sign

Date: / /
10
Versus

102, 104, Sky Max,
Address Pursis
Address of opposite parties mentioned in the Complaint Application are
true and correct to the best of my knowledge information and belief.
Hence this pursis.
11

Case Final Argument

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Case Final Argument

Uploaded by

Copyright:

Available Formats

Before the District Consumer Disputes Redressal Forum, Pune.

Consumer Complaint No….....

2. B2X Opponent Party 2

Date: / / Complainant Sign

2. B2X Opponent Party 2

2. B2X Opponent Party 2

2. B2X Opponent Party 2

Consumer Complaint No….....

Mr. Deepak Bansal Complainant

1006/A Wing, Sun Sapphire Society,

1. GOOGLE Opponent Party 1

3, North Avenue, Maker Maxity, Bandra Kurla

102, 104, Sky Max,

2. B2X Opponent Party 2

List of the Documents enclosed

Sr. Particular Page

2. B2X Opponent Party 2

Place: Pune Affiant Sign

2. B2X Opponent Party 2

Date: / / Complainant Sign

You might also like