DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.334 of 2019
Date of institution: 08.03.2019 Date of decision : 16.10.2019
Prabhbir Singh son of Shri Amrit Pal Singh, aged 25 years resident of Amrit Dairy, Village Desumajra, Kharar, Mohali-140301.
…….Complainant
Versus
Motorola Mobility India Pvt. Ltd. through its Managing Director, Address: 66/1, #5, 5th Floor, Bagmane Tech Park, C V Raman Nagar, Bengaluru, Karnataka 660093.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Complainant in person.
OP Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant purchased mobile phone of Motorola Moto G5 XT1795 from Anmol Watches & Electronics (P) Ltd., Sector 22-B, Chandigarh through invoice dated 10.06.2018. MRP of the product was Rs.10,990/-. Said product was having warranty upto 09.06.2019 because of its purchase on 10.06.2018. This mobile was not working due to which complainant approached nearest Motorola service centre First Computer Market, Sector 20-D, Chandigarh. Employees of service centre disclosed that battery of the mobile phone drains out and due to this fault, the internal touch screen also is damaged. Service centre refused to repair the mobile phone despite of its being taken in warranty period. This complaint filed for seeking repair of mobile in warranty or for replacement of same and payment of compensation for mental agony and harassment of Rs.25,000/-, but litigation expenses of Rs.10,000/-
2. OP is ex-parte in this case.
3. Complainant to prove his case tendered in evidence his affidavit as Ex.CW-1/1 alongwith documents Ex.C-1 and Ex.C-2 and thereafter closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Purchase of mobile phone in question by complainant from Anmol Watches & Electronics, Sector 22-B, Chandigarh for consideration of Rs.10,990/- on 10.06.2018 proved by invoice Ex.C-1. This mobile was having warranty of one year and the said warranty to be provided by manufacturer or the service centre as per settled position and as such certainly in view of non providing of services within warranty period, complaint is maintainable. Defect in the mobile came to the knowledge of complainant in the territorial jurisdiction of this Forum and the same has not been removed and as such this Forum has territorial jurisdiction, even though purchase made at Chandigarh or the service centre at Chandigarh contacted.
6. Perusal of warranty conditions Ex.C-2 shows that mobile phone in question has warranty of one year from the date of its purchase by the original end user. Mobile phone purchased on 10.06.2018 and as such certainly it is bound to have warranty untill 09.06.2019. However, defect in the mobile phone occurred because it is not working due to which complainant had to take the same to service centre in Sector 20-D, Chandigarh, but despite the defects of draining out of battery or of internal touch screen, service centre refused to repair the mobile in warranty period and as such certainly deficient services provided by OP as manufacturer through its service centre. Complainant suffered mental agony and harassment and as such he is entitled to compensation for mental agony and harassment and also to litigation expenses, but of reasonable amount by keeping in view the cost of the product as Rs.10,990/-. OP itself or through its service centre must repair the mobile phone in question within 30 days from the date of receipt of certified copy of order and in case mobile phone not repairable, then OP must replace the same within 40 days from date of receipt of certified copy of order.
7. No other worth mentioning point argued.
8. As a sequel of above discussion, complaint allowed in terms that OP will repair the mobile in question or get the same repaired from its service centre within 30 days from the date of receipt of certified copy of order and in case even after repair, mobile does not become functional, then to replace the same within 40 days from date of receipt of certified copy of order. Compensation for mental agony and harassment of Rs.5,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against OP. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
October 16, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
