Chandigarh

DF-II

CC/514/2015

Chandan Pandey - Complainant(s)

Versus

Motorola Mobility India Ltd. - Opp.Party(s)

Sh. Sanjay Sharma Adv.

04 May 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

======

Consumer Complaint  No	:	514 of 2015
Date  of  Institution	:	14.09.2015
Date   of   Decision	:	04.05.2016

 

 

 

 

 

Chandan Pandey son of Sh.Devendra Narayan Pandey, presently residing at House No.1204-A, Sector 41-B, Chandigarh.

 

             …..Complainant

Versus

 

1]  Motorola Mobility India Ltd., Corporate Office at Motorola Excellence Centre 415/2, Mehrauli-Gurgaon Road, Sector 14, Gurgaon, Haryana, India 122001

 

    2^nd Address:-

M/s Motorola Solutions India Private Limited, having its Head Office at 12^th Floor, Tower D DLF Cyber Greens, DLF Cyber City, Gurgaon, 122002 through its Managing Director.

 

2]  Vignesh Service, SCO 32, Sector 31-D, 1^st Floor, Chandigarh (Authorised Service Centre of the Motorola)

 

….. Opposite Parties

 

BEFORE:  SH.JASWINDER SINGH SIDHU 

                               PRESIDING MEMBER

 

         MRS.PRITI MALHOTRA, MEMBER

 

 

For complainant(s)      :     Sh.V.M.Sharma, Advocate  

 

For Opposite Party(s)   :     OPs 1 & 2 exparte.

 

 

PER JASWINDER SINGH SIDHU, MEMBER

 

 

          As per the case, the complainant purchased Moto G (16 GB Black) mobile phone of Motorola Company for Rs.11,999/- from e-commerce company Flipkart (authorised dealer of Opposite Party No.1) vide bill dated 1.8.2014 with one year warranty (Ann.C-1 & C-2). It is averred that mobile in question, after few months of its purchase, started giving numerous problems, so it was taken to Opposite Party No.2, who rectified the defect.  It is also averred that in the month of April-May, 2015, the complainant noticed the problem in the handset regarding not working of SIM slot & slow working of mobile phone, so it was given to Opposite Party No.2 on 16.6.2015 vide Job Sheet Ann.C-3.  That the Opposite Party No.2 changed the motherboard of the mobile phone and returned it on 24.6.2015 (Ann.C-4).  However, again a problem in receiving the phone call was detected in the handset and it was again taken to Opposite Party No.2 on 28.6.2015 (Ann.C-5 & C-6).  It is pleaded that even after that the mobile phone was not working properly due to problems in power key, volume keys and receiver and having no other option left, the complainant had to submit the mobile phone once again on 30.6.2015 with Opposite Party NO.2 for repair (Ann.C-7).  Thereafter, the complainant visited Opposite Party No.2 a number of times, but Opposite Party No.2 failed to rectify the defect in the handset.  It is pleaded that since 30.6.2015 the handset is lying with Opposite Party NO.2, who failed to returned after repair till date though it was within warranty period. Hence, this complaint has been filed alleging the above act & conduct of the OPs as gross deficiency in service and unfair trade practice.

 

2]       The Opposite Party No.1 & 2 though being duly served through registered post-dated 27.1.2016 & 2.3.2016 respectively, failed to put in appearance on 5.4.2016, thus raising presumption under Sub-clause (2) of Regulation 10 of The Consumer Protection Regulations, 2005, was proceeded exparte vide order dated 5.4.2016.

 

3]       Complainant led evidence in support of his evidence.

 

4]       We have heard the ld.Counsel for the complainant and have also perused the record.

 

5]       The complainant having purchased the mobile handset on 01.08.2014 faced problem with its working within the warranty period of one year from the date of its purchase.  The handset in question was made available to the service centre-OP No.2 for necessary job work on 16.6.2015.  The OP No.2 finding some major problem with the handset in question changed the entire motherboard of the handset with an IMEI Number 359284053403843 and returning the same declaring that the handset in question was perfectly in working condition.  Unfortunately, on 26.6.2015 and 30.6.2015 i.e. within few days of its repair, the complainant again faced problem with the working in the handset and produce the handset to OP No.2 for necessary repairs. 

 

6]       The complainant having alleged that the OP No.2, which is the authorized service centre of the manufacturer-OP No.1, of the handset in question, failed to do the necessary repairs and even did not disclose as to how much time it will require to do the needful to make the handset functional and since then i.e. 30.6.2015 the handset of the complainant is lying with the OP No.2 without any action from its side.  The complainant has thus alleged deficiency in service on the part of the OPs for not having honour their commitment of the warranty period to make necessary repairs, which certainly amounts to deficiency in service on their part.

 

7]       The OPs having failed to put in appearance on being duly served, were proceeded against exparte and in the absence of any reply/version of the OPs, the entire averments of the complaint go unrebutted against them. 

 

8]       In the light of above observations, we are of the concerted view that the Opposite Parties are found deficient in rendering proper service to the complainant. Hence, the present complaint of the Complainant is allowed qua OPs jointly & severally. The Opposite parties are jointly & severally directed as under:-

 

[a]      To refund an amount of Rs.11,999/- being the cost of handset in question;

 

[b]      To pay Rs.7,000/- to the complainant as consolidated amount of compensation for causing mental agony and harassment on account of deficiency in service.

[c]     To pay Rs.5,000/- towards litigation expenses to the complainant.

 

         The above said order shall be complied within 45 days of its receipt by the Opposite Parties jointly & severally; thereafter, they shall be liable to pay an interest @18% per annum on the awarded amount, as at sub-para [a] & [b] above, from the date of filing of the complaint till it is paid, apart from paying litigation expenses of Rs.5,000/-.

 

         The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

Announced

4^th May, 2016                                                              

                                                                Sd/- 

(JASWINDER SINGH SIDHU)

PRESIDING MEMBER

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER