Delhi

East Delhi

CC/463/2015

ANKUR - Complainant(s)

Versus

MOTOROLA MOBILE - Opp.Party(s)

01 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO.463/15

Sh. ANKUR GOEL

S/O Sh. RAJESH GOEL

H. NO.213, 1^ST FLOOR, ASHOKA ENCLAVE

PART-III, SECTOR-35,

FARIDABAD-121003                   

                                                                                                                    ….Complainant

Vs

 

M/S MOTOROLA MOBILITY INDIA PVT. LTD.

G-6 & 7, BARDHMAN EXTN. PLAZA

PLOT NO. H-4, NETAJI SUBHASH PLACE

PITAMPURA, NEW DELHI-110034      

                                                                                                                      ….Opponent

 

 

Date of Institution: 30.06.2015

Judgment Reserved for: 16.01.2017

Judgment Passed on: 23.01.2017

 

Order By: Ms. Harpreet Kaur Charya (Member)

JUDGEMENT

This complaint has been filed by Sh. Ankur Goel against M/S Motorola Mobility India Pvt. Ltd alleging deficiency in services.

THE FACTS IN BRIEF

1. On 30/01/2015, the complainant purchased Google Nexus 6 phone from M/S WS Retail Services Pvt. Ltd, for Rs.44,089/- with IMEI No. 355470061554909. On 02/05/2015 the complainant deposited the said phone with OP with the complaint of heating and speaker not functioning properly, for which Job Sheet No. AMSDEH00722, was issued to the complainant. The complainant on 18/05/2015 in air E-mail enquired about status of his handset which was duly replied by OP vide E-mail seeking work order number, which was duly provided by the complainant. Grievance of the complainant is that his phone was not replaced despite of assurance. He has prayed for refund of sum of Rs.44,089/- with interest from 30/01/2015, compensation of Rs.25,000/- towards damages of harassment, tension and mental agony and Rs. 25,000/- as cost of litigation.

Invoice dated 30/01/2015, Job Sheet No. AMSDEH00722 and E-mails exchanged between the complainant and OP are annexed with the complaint as annexure C1 to C6 respectively.

2.  OP was served with notice of the complaint, neither did they put appearance nor they filed their written version.
3. Thereafter complainant filed evidence by way of affidavit, when he examined himself and stated on oath the contents of the complaint and reliance was placed on the annexures annexed with the complaint.
4. We have perused the material placed on record which reveals that the handset of the complainant was within the warranty. The Job Sheet annexed with the complaint reveals that the problems regarding the functioning of the speaker and heating were there which were not removed by the OP.
5. Hence, we allow this present complaint and direct OP to return the repaired handset with extended warranty of one year to the complainant within 15 days from the date of the receipt of this order. If the said handset is beyond repairs, then OP shall refund the cost of handset i.e Rs.44,089/- with 9% interest from the date of filing of the complaint. Compensation of Rs. 10,000/- is awarded which shall also include the cost of litigation. If the said amount of Rs.54,089/- not paid within 30 days from the date of the receipt of the order, it shall carry the interest @9% from the date of filing his complaint till realization.

Copy of this order be sent to both the parties as per law.

File be consigned to R/R.

 

(P.N. TIWARI)                                                                            (HARPREET KAUR CHARYA)              

   MEMBER                                                                                                   MEMBER

 

                                                            (SUKHDEV SINGH)

PRESIDENT