DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 169/2018
D.No._______________________ Date: __________________
IN THE MATTER OF:
NARENDER KUMAR,
S/o SH. SURESH CHAND,
R/o A-57, HARI ENCLAVE-I,
KIRARI SULEMAN NAGAR,
DELHI-110086… COMPLAINANT
Versus
1. FONE ZONE NXT SOLUTION (P) LTD.,
G-10A-10B-10C, VIKAS SURYA MALL, M2K,
ROHINI, DELHI-110085.
2. KHUSHI COMMUNICATION,
5A/1, 1st FLOOR, TILAK NAGAR,
NEW DELHI.
3. MOTOROLA EXCELLENCE CENTRE,
415/2, MEHRAULI-GURGAON ROAD,
SECTOR-14, NEAR MAHARANA PRATAP CHOWK,
GURUGRAM, HARYANA-122001.
ALSO AT: MOTOROLA MOBILITY INDIA (P) LTD.,
12TH FLOOR, TOWER-D, DLF CYBER GREENS,
DLF CYBER CITY, GURGAON-122002. … OPPOSITE PARTY(IES)
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 07.03.2018 Date of decision:24.04.2019
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MS. USHA KHANNA, MEMBER
ORDER
1. The complainant has filed the present complaint against the OPs under Section 12 & 14 of the Consumer Protection Act, 1986 thereby alleging that on 10.01.2018, the complainant went to the shop of OP-1 for purchasing a new mobile handset and accordingly the worker/shopkeeper suggested to the complainant for purchasing the MOTO X4 by disclosing some new advance features that it is a IP68 water resistant mobile handset and believing upon the words of OP-1 the complainant agreed to purchase the MOTO X4 vide IMEI no. 351830090642435 for a sum of Rs.22,500/- vide cash invoice no. FZPL/17-18/3720 on 10.01.2018. On 21.02.2018, the complainant came from railway station to his house and suddenly one child threw a water balloon and water went inside the mobile handset. Thereafter, the complainant approached to OP-2 and OP-2 checked the mobile handset against job sheet no. SRSCS0321803010008 dated 01.03.2018 and informed that the warrantee is void due to liquid and it is most pertinent to mention here that the mobile handset is IP 68 Water Resistant and the complainant purchased the mobile handset with the features and the official of OP-2 refused for repairing in warrantee period. The complainant further alleged that the complainant many times contacted to OP-3 and requested them to repair the handset in
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warrantee period but all the requests of the complainant were fallen in deaf ears and the complainant approached several times to OPs for repairing his mobile handset as it is duly covered in warrantee period but OPs kept on avoiding the matter on one pretext or the other and the mobile handset is still lying faulty with the complainant and the complainant has also many times contacted and requested to the manager of the OPs through telephonic calls but no avail and has suffered a loss and further alleged that there is deficiency in service and unfair trade practice on the part of OPs.
2. On these allegations the complainant has filed the complaint praying for direction to OPs to refund the invoice amount i.e. Rs.22,500/- alongwith interest as well as compensation of Rs.50,000/- for mental, physical agony and harassment. The complainant has also sought Rs.1,100/- as litigation cost.
3. Notices to OPs were issued through speed post for appearance on 01.06.2018 and the notice to OP-1 & OP-2 was served on 20.03.2018 and the notice to OP-3 was served on 06.04.2018 and none has appeared on behalf of OPs and as such OPs were proceeded ex-parte vide order dated 01.06.2018.
4. In order to prove his case, the complainant filed his affidavit in evidence and has also filed written arguments. The complainant has also placed on record copy of tax invoice dated 10.01.2018 for a
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sum of Rs.22,500/- issued by OP-1, copy of Motorola X4 specification that the mobile handset is IP68 Water Resistant and copy of Moto Service Record no. SRSCS0321803010008 dated 01.03.2018 issued by OP-2. The complainant also filed copy of Certificate of IMEI Number Change dated 12.06.2018 issued by OP-2 and copy of IP (Ingress Protection) Ratings Guide.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears thateven after receiving summons of this case from this forum, the OPs have kept mum and have not bothered to answer the case of the complainant.
6. On perusal of the record, we find that the complainant made complaint of his mobile to the service enter of OP-2 within warranty period. The copy of specification of the mobile handset show that Motorola X4 handset purchased by the complainant was Water Resistant as claimed by OPs. As such OP-2 ought not to have refused to repair the mobile handset within the warrantee period free of cost. It was the duty of the OP-2 to rectify the defect or to replace the product. A customer/consumer is not expected to file complaint in respect of new product purchased. It is expected that
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the new product purchased is free from all sorts of defect in the product. Accordingly, OP-2 & OP-3areheld guilty of unfair trade practice and deficiency in service.
7. Accordingly, OP-2 &OP-3 jointly or severally are directed as under:
i) To pay to the complainant an amount of Rs.22,500/- being the cost of the mobile handset on return of disputed mobile handset, accessories, original invoice and job sheet.
ii) To pay to the complainant an amount of Rs.5,000/- ascompensation towards mental agony and harassment caused to the complainant
iii) To pay to the complainant an amount of Rs.1,100/- cost of litigation cost.
8. The above amount shall be paid by OP-2 &OP-3 jointly or severallyto the complainant within 30 days from the date of receiving copy of this order failing which OP-2 &OP-3 shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving copy of this order till the date of payment. IfOP-2 &OP-3 fail to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 24th day of April, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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