DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Aditi Goyal d/o Sh. Arun Goyal, R/o #354, Top Floor, Sec. 38-A, Chandigarh.

                                                                                    ---Complainant

V E R S U S

[1]          Anmol Watches & Electronics, through its Prop. SCO No. 1012-13, Sector 22-B, Chandigarh.

[2]          Motorola Service Centre, through its Incharge, SCO No.60, Sector 47-C, Chandigarh.

[3]     M/s Motorola Mobility Chennai Pvt. Ltd., Plot M-1, Phase III, Sipcot Hi-tech SEZ Thirumanglam, Village Sriperumbudur Taluk Kancheepuram District Tamil Nadu – 602106.

---Opposite Parties

BEFORE:            MRS.MADHU MUTNEJA                   PRESIDING MEMBER

                        SH.JASWINDER SINGH SIDHU            MEMBER

Argued By:      Ms. Anuradha Gupta, Adv. for the Complainant.

OPs ex-parte.

PER JASWINDER SINGH SIDHU, MEMBER

1.             Complainant has filed the present complaint against the Opposite Parties (hereinafter referred to as OP for short), on the grounds that the Complainant purchased one Motorola mobile phone Model EX128 Dual S.Grey bearing IMEI No. 354721040962212, by paying an amount of Rs.6800/- as per invoice no. AW25242 dated 26.1.2011 [Annex.A-1]. It is alleged by the Complainant that she was not able to use the said mobile hand set even for few days when the alleged mobile hand set started giving trouble. The touch panel of the mobile phone stopped working and the screen went blank. The Complainant approached the authorized service centre at Chandigarh (OP No.2) in order to get the same repaired. OP-2 on 28.4.2010 repaired the said mobile vide their job card no. XG/MO/11/0026 and returned the same, claiming that it has been repaired to their best ability.   

                The Complainant further states that the said handset in question, again, went out of function, and was again given for repairs, which was conducted by OP-2, vide their job card no. XG/MO/11/00141.  But immediate after two days of this second repair, the handset in question again went out of order. The Complainant aggrieved of the repeated repairs and faults with the said handset also communicated the same to OP-3 vide her e-mails and the same were responded by the OPs through their reply dated 29.06.2011, 28.06.2011, 17.07.2011, 29.07.2011 [Annex.A-2 from page 6 to page 14], but after these repeated communications and discussion, the Complainant claims to have been left high and dry with the faulty hand set. The Complainant having reached no where after all these efforts has filed the present complaint, seeking relief of:-

[i]     Replacement of the defective mobile handset of the same make and model, with a new one.

[ii]    Complainant further seeks compensation to the tune of Rs.20,000/- + Rs.5,000/- on account of mental harassment, along with Rs.3,000/- as litigation costs.

2.              On notice, OPs being served in proper manner, failed to put in their appearance and contest the claim of the Complainant. Hence OP-1,2 and OP-3 were proceeded against ex-party vide orders dated 07.09.2011 and 13.10.2011 respectively. 

3.              Complainant led her evidence.

4.              As OPs have failed to contest the claim of the Complainant, all the averments of the complaint go unrebutted. In present circumstances, we have no other alternative, but to allow the present complaint.

5.              Hence, the complaint is allowed against the OPs, jointly and severally. We direct the OPs to:-

[a]    To replace the mobile handset in question with a new one of the same make, model and price and take back the old one, along with its accessories.

[b]  The OPs are saddled with Rs.1000/- as compensation and Rs.3,000/- as litigation costs.

6.              The above said order shall be complied within 30 days of its receipt; thereafter, OPs shall be liable for an interest @18% per annum on the compensation amount, till it is paid, along with litigation expenses.  

7.                 Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

23^rd November 2011.                                                                   

Sd/-

(MADHU MUTNEJA)

PRESIDING MEMBER

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER