DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.317/17

 Sh. Avishek Kumar

S/o Sh. Ranjeet Singh

F-344/B, Lado Sarai,

New Delhi-110030                                                       ….. Complainant

Versus

1.      Lenovo Motorola Service Centre

          A-180, 1^st Floor, Bhism Pitamah Marg,

          Near Defence Colony Red Light,

          Sukhdev Nagar, Arjun Nagar,

          Kotla Mubarak Pur,

          New Delhi-110003

2.      Motorola (Lenovo) Mobility Private Ltd.

          12^th Floor, Tower DLF Cyber Greens,

          DLF Cyber City,

Gurgaon-122002                                          .….Opposite Parties

                                                   Date of Institution      : 08.09.17          Date of Order    : 30.10.18

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Naina Bakshi, Member

 Briefly stated, the case of the complainant is that the complainant bought a Lenovo K6 Power Mobile on 30.06.17 manufactured by OP No.2 which was submitted for repairs to OP No.1 on 14.07.17 vide job-sheet No.0843. It is stated that on 18^th July the complainant received a message from No.1 that his mobile was okay. The complainant received his mobile from OP No.1 after repair but again mobile was having some problem of audio mike and submitted to the OP No.1 and extended delivery was 21.07.2018 but mobile was  not delivered on 23.07.2017, again mobile has same problem as mentioned in the job sheet No.2374. It is submitted that the complainant had submitted his mobile phone four times to the service station but he was facing the same software problem. The OP No.1 had not provided any standby mobile during the repair for use. It is submitted that the complainant had sent several emails but the OP No.1 had not provided standby mobile. The behaviour of the staff of OP No.1 was also very rude and unprofessional. They had kept complainant’s mobile for 14 days and every time the same problem as software issue. When the complainant again submitted the mobile on 18^th July the OP No.1 informed him that there is a motherboard problem. The OP No.1 was kept changing their statement every time. The technician of the OP No.1 was not efficient to resolve the problem. The complainant sent a written notice dated 21.07.17 and 21.08.17 but no reply was received from the OP. Hence pleading deficiency in service and unfair trade practice on the part of the OP the complainant has filed the present complaint for issuing following to the OPs:-

1. Direct the OPs to refund the paid amount of Rs.10,499/- alongwith interest @ 7% per annum from the date of receipt till its realization to the complainant;
2. Direct the OPs to pay Rs.60,000/- to the complainant as damages/compensation on account of mental agony, pain and suffering caused to the complainant;
3. Direct the OPs to pay Rs.10,000/- towards litigation expenses to the complainant.

No one appeared on behalf of the OP No.1 & 2 to contest the claim of the complainant. Hence, they were proceeded exparte vide order dated 29.11.17.

Complainant has filed exparte evidence.

We have heard the arguments of the complainant and have also carefully gone through the file very carefully. 

OP has knowledge about the filing of the complaint but did not chose to contest the claim of the complainant.

The complainant has filed the invoice dated 30.06.17. We mark it as Annexure-1 for the purposes of identification. The job-sheets dated 14.07.17, 04.09.17 & 18.07.17 which we mark it as Annexure-2 (Colly) for the purposes of identification.  The complainant has sent several e-mails to the OPs and OPs sent email reply to the complainant.

Averments made in the complaint and evidence led by the complainant have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainant.

It is clear from the records, that the complainant bought the mobile phone manufactured by OP No.1 and given for the repair to OP No.1 for three times but the  OP No.1 failed  to  repair the defect of the mobile phone. The OP No.2 had not replaced the mobile phone even the same was in warranty period to the entire satisfaction of the complainant.

In view of the above discussion, we allow the complaint and direct the OPs jointly and severally to pay Rs.10,499/- to the complainant alongwith 6% interest from the date of filing of the complaint till realization towards the cost of the mobile and Rs.5,000/- as compensation for mental pain and agony  undergone by the complainant due to the acts of the OPs.

The order shall be complied within 30 days of receipt of copy of this order failing which OPs shall jointly and severally become liable to pay interest @ Rs.9% per annum on the Rs.10,499/- from the date of filing of the complaint till realization.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

Announced on 30.10.18.