BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.488 of 2016
Date of Instt. 19.12.2016
Date of Decision: 04.07.2017
Tushaar Singh S/o S. Narinder Singh R/o Q.No.E-2, BSNL Exchange, JP Nagar, Jalandhar City (Punjab) India-144001.
..........Complainant
Versus
1. Apptronics Retail, Survey No.6, Makali, Dasanapura Hobil, Tumkur Road, Banglore-562123, Karnataka, India.
2. Motorola Execellence Centre, 415/2, Mehrauli-Gurgaon Road, Sector 14, Near Maharana Pratap Chowk, Gurugram, Haryana-122001.
3. 146-New Rays Enterprises, SCO 11 Khukhrana Complex, Canal Road, Near Khaira Palace, Jalandhar- Contact No.93164-56260, 98032-34400.
.........Opposite parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Sh. Parminder Sharma (Member)
Present: Complainant in person.
OP No.1, 2 and 3 exparte.
Order
Karnail Singh (President)
1. This complaint filed by complainant, wherein alleged that he had purchased one mobile Moto G Plus, 4th Gen (Black 32 GB) XOOOJ0PUNV Serial Number 354115075710291 through Amazon.in against Invoice No.KA-QSAL-156405371-4179 on 22.06.2016 for Rs.14,999/-. After using near about 2 months, the said mobile phone by the complainant, it started giving problem (auto shut down) and complainant contacted with the said company through phone calls at their customer care contact No.1800 102 2344, who gave him instruction through phone to solve the problem, but when the problem still persist, the complainant again contacted the customer care and they advice to show the said phone to their service centre i.e. OP No.3 in Jalandhar and accordingly the complainant deposited his phone to the office of service centre i.e. OP No.3 on 20.09.2016, who issued a job sheet. After three days, the said service centre return his phone after resolve the problem, but the problem was still persist and then complainant again contacted the customer care, who again advice to send the set to their service centre. This happened 3 to 4 times but the problem has not been solved. The complainant repeatedly contacted with customer care and service centre, but nobody else given him satisfactory answer and as such the instant complaint filed with the prayer that the complainant does not require the said mobile phone, hence the OPs be directed to return money against said mobile and compensation of Rs.22,000/- as well as litigation expenses.
2. Notice of the complaint was given to opposite parties but despite service, opposite party No. 1 to 3 did not come present and ultimately, opposite party No.1 to 3 were proceeded against exparte.
3. In order to prove his exparte claim, complainant tendered into evidence his duly sworn affidavit Ex.C1 alongwith documents Ex. C2 Photocopy of Aadhar Card, Mark C3 Copy of Bill, Mark C4 Copy of Job Sheet, Mark C5 to Mark C52 Photocopies of E-mails and then closed his evidence.
4. We have heard the complainant in person and also gone through the case file very minutely.
5. From the very outset, it is established by the complainant by leading cogent and convincing evidence that he had purchased a mobile set from OP, after making a payment of Rs.14,999/- and the said mobile set was delivered to the complainant by courier at his residence in Jalandhar City. Copy of the invoice is Ex.C3 and in order to prove that there is material defect in the mobile phone which could not be cured despite repeated visit at the service centre as well as making a email message to the OPs and in order to prove these factum, the complainant has brought on the file photocopy of the job sheet Ex.C4 and photocopy of email message Mark C5 to Mark C52. All e-mails message as well as job sheet itself established that there is a problem in the mobile set in regard to Auto Shut Down and this factum has been mentioned in the Job Sheet as well as in the email but despite repeated request, the OP could not able to rectify the said defect which means that there is a some material defect which is not repairable and moreover, the version of the complainant remains un-rebutted and un-challenged and under these circumstances, we have no earthly ground to discard the exparte evidence of the complainant and therefore, we reached to the conclusion that the complainant is entitled for the relief claimed.
6. In the light of above discussion, the complaint of the complainant is partly accepted and opposite parties No.1 to 3 are directed to return the price of the mobile set, so purchased by the complainant i.e. Rs.14,999/- with interest @ 9% per annum from the date of purchase i.e. 22.06.2016 till realization and further OP No.1 to 3 are directed to pay compensation of Rs.5000/- for harassment to the complainant and also directed to pay the litigation expenses of Rs.2000/-. The entire compliance of the order be made within 30 days from the date of receiving copy of order. Complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Parminder Sharma Karnail Singh
04.07.2017 Member President
