CC No.1056.2016

Filed on 01.08.2016

Disposed on.19.04.2018

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BENGALURU– 560 027.

DATED THIS THE 19^th DAY OF APRIL 2018

CONSUMER COMPLAINT NO.1056/2016

PRESENT:

Sri.  H.S.RAMAKRISHNA B.Sc., LL.B.

        PRESIDENT

             Smt.L.MAMATHA, B.A., (Law), LL.B.

                      MEMBER

                                       V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1. This Complaint was filed by the Complainant on 01.08.2016 U/s 12 of the Consumer Protection Act, 1986 and praying to pass an Order directing the Opposite Party to pay the refund amount for device INR 15,099/- along with 18% interest, to pay sum of Rs.50,000/- towards the physical strain, mental agony and financial loss, to pay sum of Rs.1,000/- towards cost and other reliefs. 

2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainants alleges that on 05.06.2016, the Complainant ordered a new device “Moto G4 Plus” (XT1643) from Motorola’s trusted selling partner Amazon.  But few days later only device’s display stopped working, initially the defect was randomly occurring and of non-persistent nature.  But with the usage the defect started taking over the device leaving the device non-usable.  The device was then given to authorized service center at Marathalli on June 28, 2016 for the first time.  The team at service center kept the device for two days and then returned it back on June 30, 2016 telling they have fixed the issue.  But half an hour after collecting the device from service center, the same defect showed up.  The device was submitted to same service center again on July 1, 2016 and this time they told its hardware defect and they need to replace the display, but they aren’t having the spares and it may take 10-15 days for long repair term request for replacement or refund was made to Motorola vide reference number 160704-012158.  But no proper response was received for the escalation so made till the date of filing this complaint.  During the entire term starting from July 1, 2016 till the date of filing this complaint, the Complainant has made numerous attempt to seek proper response from Motorola via Chat Sessions, emails to director of services Motorola and called to the Authorized Service Center.  But every time got only one response that they don’t have any updates for the issue and the escalation team namely “RSS Team” will call back on scheduled date. The Complainant got not calls from the above mentioned or any other Motorola representative providing update regarding the escalation so made after second week of July.  The chat transcript clearly state the Complainant’s attempts to seek the details and the Motorola representatives rescheduling the calls on every scheduled dates without providing any acknowledgement to the Complainant.  A Holiday cum business trip dt.June 23-27 was completely spoiled due to the defect arising in the device and the leaving the Complainant without any proper communication with friends, family and business persons during the term.  The Complainant being in IT Profession suffered a setback and financial loss of INR 5000, as the device was purchased for testing the project that he has undertaken.  The Complainant now requests complete refund for the device so purchased along with the compensation amount of INR 50,000/- for all the financial loss and mental agony suffered due to the Opposite Party and the defective device.  The Complainant also seeks the Opposite Party to reimburse the expenses for the legal proceedings, he was forced to file due to its negligent behaviour towards the customer and his repeated attempts to make communication/seek redressal.  Hence this complaint.

3. In response to the notice, the Opposite Party put their appearance and filed their version.  The Opposite Party in their version pleaded that the customer’s handset had issues with the Camera and we had repaired the handset, but however since the customer wanted replacement the same was arranged at the service center but the customer without collecting the same had approached the honorable Forum.   Now, as a good will and to retain and protect the customer’s interest we had offered replacement with upgraded model Moto X play or refund as per invoice value but customer has refused the same. 

4. The Complainant, Mr.Harinder Singh filed his affidavit by way of evidence and closed his side.  On behalf of the Opposite Party, the affidavit of one Sri.Prem Prakash has been filed.  Heard arguments.

5.      The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Party?
2. If so, to what relief the Complainant is entitled ?

6.     Our findings on the above points are:-

                POINT (1)          :-  Negative

POINT (2)            :-  As per the final Order

REASONS

7. POINT NO.1:- As looking into the complaint and also the version filed by the Opposite Party, it is not in dispute that on 05.06.2016, the Complainant ordered a new device “Moto G4 Plus” (XT1643) from Motorola’s.   Further to substantiate this, the Complainant in his sworn testimony, he has reiterated the same and produced the Invoice.  By looking into the Invoice, it is crystal clear that the Complainant has purchased “Moto G4 Plus” (XT1643) through Amazon by paying a sum of Rs.15,099/-.  This evidence of the Complainant is not been denied or disputed by the Opposite Party.  Hence, it is proper to accept the same. 

8. It is further case of the Complainant that few days later only device’s display stopped working, initially the defect was randomly occurring and of non-persistent nature.  But with the usage the defect started taking over the device leaving the device non-usable.  On June 28, 2016 for the first time the device was given to the Authorized Service Center at Marathhalli.  The team at service center kept the device for two days and then returned it back on June 30, 2016 telling they have fixed the issue.  Even in the version also the Opposite Party have clearly admitting that there is a defect in the device but they render proper service to the Complainant by rectifying the same i.e., issue with the camera.  But it is the case of the Complainant, after collecting the device from the service center, the same defect showed up.   The device was submitted to same service center on July 1, 2016.  But to substantiate this, the Complainant has not placed any evidence, except producing the chat sessions made with the Opposite Party’s Executives.  Inspite of that the Opposite Party in their version had clearly mentioned that they are ready to replace the new handset with upgraded model Moto X play and even they are ready to refund, but the Complainant refused the same, thereby there is no deficiency of service on the part of the Opposite Party as alleged by the Complainant.  The Complainant fails to prove that the alleged deficiency of service on the part of the Opposite Party.  Thereby, the complaint is liable to be dismissed.  Since the Opposite Party in their version have clearly admitting that to replace with new handset or refund the value.  In that event, the Complainant ought to have surrendered the defective handset with the Opposite Party i.e., Techtronix Mobile Solutions, (Motorola Mobility India Private Limited Authorized Service Center), Sigma Arcade, 1^st Floor, Office No.3, HAL-Whitefield Main Road, Marathahalli, Bangalore within 15 days from the date of receipt of order.  In that event, the Opposite Party is directed to refund the Invoice value of the handset i.e., Rs.15,099/-.  Hence, this point is held in Negative. 

9. POINT NO.2:-  In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is dismissed. 

The Complainant is directed to return the defective handset within 15 days from the date of receipt of the order.  In that event, the Opposite Party is directed to refund a sum of Rs.15,099/- to the Complainant.  No cost. 

Supply free copy of this Order to both the parties.

 (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 19^th day of April 2018).

MEMBER                                           PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

 Witness examined on behalf of the Complainant:

1. Mr.Harinder Singh, who being the Complainant has filed his affidavit.

 List of documents filed by the Complainants:

1. Emails sent to Director of Services Motorola dt.July 5, 2016 and July 23, 2016.
2. The mail dt.July 5, 2016
3. The mail dt.July 23, 2016.
4. Photocopy of Job Sheet received from Motorola’s Authorized Service Canter stating Job Sheet number.
5. Invoice of the device purchased from Amazon.in amounting to INR 15,099/-
6. Scanned copy of Motorola Mobility Limited Warranty for Mobile phones (India).
7. Chat Transcripts with the Motorola representatives.

Witness examined on behalf of the Opposite Parties:

1. Sri.Prem Prakash, Contact Centre Vendor Manager of Opposite Party by way of affidavit.

List of documents filed by the Opposite Party:

MEMBER                                                                 PRESIDENT