Case No.CC/271/2019

        Date of Institution:-18.07.2019

    Order Reserved on :-20.11.2024

           Date of Order :-10.12.2024

IN THE MATTER OF:

Sh.Raj Kumar Bhutani

S/o Ram Ditta Mal,

R/o 1833/10, Govindpuri Extension,

Kalkaji, New Delhi – 110019.

            …..Complainant

VERSUS

Motorola Mobility LLC

Through Communication Solutions

F-26/4, Ground Floor, Okhla Phase-2,

New Delhi, adjoining Yamah, New Delhi.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatOP is a private mobile manufacturer company which is involved in the business of mobile devices.  The complainant has purchased a mobile phone named Moto Z2 Force through E-Retailer Flipkart.com.  Flipkart is the only E-Retailer mentioned on the Motorola.in i.e. website of the Motorola Mobility LLC/OP.  The complainant has bought the mobile during “Bill Billion Days”, the annual sale on the E-Retailer Flipkart.com. The sale offers a very good discount on most of the items listed on it. The complainant waited for the sale as the discount on the mobile was 50% of the market price.  On 11.10.2018, Son of complainant was successful in ordering the phone at Rs.15,749/-. This price also includes instant discount he got from the HDFC bank credit card.  The credit card provider set a limit of discount in each and every sale and this is well known fact.  The complainant is 56 years old man and he has no experience of using such mobile.  The complainant has started using this phone in late October due his lack of knowledge he was not able to find any problem in the mobile phone.  In January, son of complainant visited his place and found that speaker of the mobile was produced cracked sound.  The son of complainant then asked the complainant to get mobile repaired from service center.  The mobile was submitted in the Motorola’s service center on 10.01.2019.  The mobile phone got repaired on 21.01.2019.  The Motorola service center took 12 days for repair of the mobile phone. The complainant picked the repaired mobile and realized that its touch was not working.  The service center took the phone back and changed the display of mobile phone. The OP has not resolved the problem in the mobile phone and son of complainant alongwith complainant went to the Motorola service center again. This was the 3^rdvisit to the repair center.  The son of complainant has discovered that there is a black spot in the left end of the phone. The son of complainant then raised the issue with the Motorola service center.  Official of service center were reluctant to accept the phone for repair of display.  The complainant has faced the problem with mobile again and sim slot of mobile was blocked.  The complainant has requested the OP to repair the sim slot as it got blocked by the Motorola service center.  It was also discovered the black spot developed in the phone on a different place. The Motorola service center offered another device named as Moto X4 as a replacement.  The price of the highest hardware specification model was Rs.10,999/- and the highest price on E-Retailer was Rs.12,999/-.  The son of complainant has refused the offer of OP as the price of Motorola Z2 Force was Rs.35,000/-.  The son of complainant asked for Moto Z2 Force as replacement.  The official of Motorola service center told that the device was not in the stock and it will take 30-45 days for the replacement.  The official of OP service center informed the complainant that the device was not in the stock and offer to pay the bill amount of Rs.15,7459/- but the complainant has refused for encashment. The son of complainant has asked to pay Rs.35,000/- but the OP service center has refused the demand of Rs.35,000/-.  The complainant has sent a legal notice on 06.03.2019 but the OP replied in a very arrogant manner.  The OP has blatantly abused its dominant position and offered low price mobile to the complainant. Hence, this complaint.The complainant has prayed for refund of Rs.35,000/- alongwith 25,000/- for mental harassment and payment towards cost of litigation.
2. Notice was served to OP.  OP did not appear despite due service and proceeded ex-Parte vide order dated13.02.2020. 
3. The complainant has filed Ex-parte evidence and written arguments in support of his case.
4. We have heard the complainant and perused the record of the case.
5. It is the case of the complainant that he has purchased a mobile phone named Moto Z2 Force through E-Retailer Flipkart.com.  Flipkart is the only E-Retailer mentioned on the Motorola.in i.e. website of the Motorola Mobility LLC/OP.  The complainant has bought the mobile during “Bill Billion Days”, the annual sale on the E-Retailer Flipkart.com. The sale offers a very good discount on most of the items listed on it.    The complainant waited for the sale as the discount on the mobile was 50% of the market price.  On 11.10.2018, Son of complainant was successful in ordering the phone at Rs.15,749/-. This price also includes instant discount he got from the HDFC bank credit card.  The credit card provider set a limit of discount in each and every sale and this is well known fact.  The complainant is 56 years old man and he has no experience of using such mobile.  The complainant has started using this phone in late October due his lack of knowledge he was not able to find any problem in the mobile phone.  In January, son of complainant visited his place and found that speaker of the mobile was produced cracked sound.  The son of complainant then asked the complainant to get mobile repaired from service center.  The mobile was submitted in the Motorola’s service center on 10.01.2019.  The mobile phone got repaired on 21.01.2019.  The Motorola service center took 12 days for repair of the mobile phone. The complainant picked the repaired mobile and realized that its touch was not working.  The service center took the phone back and changed the display of mobile phone. The OP has not resolved the problem in the mobile phone and son of complainant alongwith complainant went to the Motorola service center again. This was the 3^rd visit to the repair center.  The son of complainant has discovered that there is a black spot in the left end of the phone. The son of complainant then raised the issue with the Motorola service center.  Official of service center were reluctant to accept the phone for repair of display.  The complainant has faced the problem with mobile again and sim slot of mobile was blocked.  The complainant has requested the OP to repair the sim slot as it got blocked by the Motorola service center.  It was also discovered the black spot developed in the phone on a different place.  The Motorola service center offered another device named as Moto X4 as a replacement.  The price of the highest hardware specification model was Rs.10,999/- and the highest price on E-Retailer was Rs.12,999/-.  The son of complainant has refused the offer of OP as the price of Motorola Z2 Force was Rs.35,000/-.  The son of complainant asked for Moto Z2 Force as replacement.  The official of Motorola service center told that the device was not in the stock and it will take 30-45 days for the replacement.  The official of OP service center informed the complainant that the device was not in the stock and offer to pay the bill amount of Rs.15,7459/- but the complainant has refused for encashment. The son of complainant has asked to pay Rs.35,000/- but the OP service center has refused the demand of Rs.35,000/-.  The complainant has sent a legal notice on 06.03.2019 but the OP replied in a very arrogant manner.  The OP has blatantly abused its dominant position and offered low price mobile to the complainant.
6. It is the case of the complainant that he has paid consideration of Rs.15,749/- for purchase of mobile phoneand the OP has failed to rectify the problem in the mobile phone.  A person who purchases a new mobile phone, it assumes that the instrument will be free from all defects. This act apparently and clearly constitutes deficiency in service, monopolistic and unfair trade practice on the part of the OP.
7. The allegations made by the complainant have gone unchallenged, unrebutted and uncontested and as such whatever has been placed on record is relied upon.
8. Accordingly, we allow the complaint of the complainant and direct the OP to refund Rs.15,749/- (Rupees Fifteen Thousand Seven Hundred Forty Nine) alonwth interest @ 6% p.a. from the date of deposited amount and Rs.10,000/- (Rupees Ten Thousand)as lumpsumfor mental harassment and litigation charges to the complainant within 45 days from date of receipt of order failing which the OP shall be liable to pay the entire amount with interest @ 9% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 10.12.2024.