Chandigarh

DF-II

CC/300/2017

Gagnesh Kumar - Complainant(s)

Versus

Motorola Mobility India Private Limited - Opp.Party(s)

In Person

21 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	300/2017
Date of Institution	:	29.03.2017
Date of Decision	:	21/07/2017

 

                                       

                               

 

Gagnesh Kumar, Ph-D. Student, Room No.4, Block No.2, Hostel No.2, Panjab University, Chandigarh     -160014.   

                                ...  Complainant.

Versus

 

1.     M/s Sant Rameshwari Enterprises, SCO -26, 1^st Floor, Sector 20-D, Chandigarh -160020.

 

2.     Motorola Mobility India Pvt. Ltd., 415/2 Mehrauli Gurgaon Road, Sector 14, Gurgaon -122001, Haryana India.

…. Opposite Parties.

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by:  Complainant in person.

                 OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the complainant purchased a mobile phone make Moto X Style 32 GB online from Flipkart Internet Pvt. Ltd., Bangalore vide Invoice dated 03.10.2016 for Rs.17,249/-. However, the mobile phone stopped working and as such he landed the same with the service center i.e. OP No.1 for its repairs under job card No.SRB2X0031703140017.   The mother board  of the mobile phone was changed under warranty. After a couple of hours of the usages, he found that the mobile was damaged by drilling a hole on its body during repair job and the battery performance too had reduced and as such he approached various officials of the OP-Company to get replaced/changed the mobile set but to no effect.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         Despite due service through registered post, the OPs failed to put in appearance and as a result thereof there were ordered to be proceeded against exparte.
3.         We have heard the complainant in person and have gone through the documents on record.
4.         In his exparte evidence, the complainant has tendered his detailed affidavit reiterating the averments as made in the complaint. He has also placed on record a copy of the invoice   dated 05.10.2016 as Annexure C-1 vide which he purchased the mobile phone in question online.  He has specifically deposed in his affidavit that the mother board of the mobile phone in question was replaced by M/s Sant Rameshwari Enterprises, Chandigarh (OP No.1) but after a couple of usage, the mobile phone was found to be damaged by drilling a hole on its body and its battery performance was also reduced.    He also placed on record a copy of recorded conversation exchanged between him and the OP in this regard as Annexure C-2.
5.         Pertinently, the OPs despite due service did not turn up to contest the case and, as such, it can be concluded without any hesitation that either the OPs admits the claim of the complainant or have nothing to say in the matter.  Therefore, all the assertions made in the compliant have gone unrebutted and uncontroverted.  Hence, the Opposite Parties are proved to be deficient in rendering the services to the complainant.
6.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The Opposite Parties are directed as under:-

1. to replace the mobile phone in question with a brand new mobile handset of the same make and model.
2. to pay Rs.2,500/- as compensation for mental agony and physical harassment
3. to pay Rs.2,500/- as litigation expenses.

7.         This order be complied with by the OPs, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall carry interest @9% per annum from the date of this order till actual payment besides compliance of the directions as mentioned at Sr.No.(i)  & (iii) above.
8.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Sd/-                                Sd/-                       Sd/-

Announced	[PRITI MALHOTRA]	[RAJAN DEWAN]	[RAVINDER SINGH]
21.07.2017	MEMBER	PRESIDENT	MEMBER