Delhi

West Delhi

CC/16/163

Amit gupta - Complainant(s)

Versus

Motorola service center - Opp.Party(s)

17 Dec 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

GOVERNMENT OF NCT OF DELHI

150-151, Community Centre, C-Block, JanakPuri, New Delhi – 110058        

 

                                                                                                             Date of institution:26.02.16

Complaint case No.163 /16                                                             Date of Order        :17.12.16

In the matter of

 

Mr. Amit Gupta,

S/o Lt. Sh. Radhey Shyam Gupta,

R/o RZ-8A/3, East Indra Park,

Gali No.6,

New Delhi-45.                                                                                                        COMPLAINANT

VERSUS

Motorola Mobility India Pvt. Ltd.,

415/2, Mehrauli Gurgaon Road,

Sector 14, Gurgaon-122001.                                                                             OPPOSITE PARTY-1

 

WS Retail, Flipkart Advantage,

Plot No.3, Sector-35, Gurgaon.

Haryana-122004. 

Also at:

Flipkart.com No.447/B 1^st Across,

12^th Main 4^th Block, Opp. BSNL Exchange,

Koramangla, Bangalore-560034.                                                                     OPPOSITE PARTY-2

 

 

2/-

B2X Customer Care Company,

Motocare Service Center, Delhi West Janak Puri,

APS Systems, UG-7, Westend Tower,

District Center, Janak Puri, West Delhi-28.                                                 OPPOSITE PARTY-3

 

ORDER

R.S. BAGRI, PRESIDENT

 

            Brief facts necessary for the disposal of the present complaint are that the complainant purchased one mobile handset Moto X Play-XT1562 from Opposite Party-2 for sale consideration of Rs.19,999/- vide invoice No.#CHN_PUZHAL_0120150900287467 dated 20.9.15.  The mobile handset developed some fault within one month from purchase  and on complaint of the complainant  was picked up by Opposite Party-3for repairs within warranty vide job sheet No.AMSDEL006647 dated 21.11.15 .  The complainant several times  inquired about status of the mobile handset from Opposite Party-3  and requested them to return the same.  But despite several communications the handset is neither repaired nor returned by Opposite Party-3 till today.   Even Opposite Party-1 failed to redress grievance of the complainant  despite  several communications to them also.  Hence, the present complaint for directions to the Opposite Parties to replace the mobile handset of the complainant  or to refund cost of the mobile handset and Pay Rs.1,00,000/- as compensation for mental and  physical  harassment.

 

Notice of the complaint was sent to the Opposite Parties.  But none appeared on their behalf.  Therefore, the Opposite Parties 2 & 3 were proceeded exparte vide order dated 8.4.16 and Opposite party-1 was proceeded  exparte vide order dated 16.8.16. 

3/-

            When the complainant  was asked to lead exparte evidence, he filed evidence by way of affidavit dated 25.10.16 and relied upon invoice No.#CHN_PUZHAL_0120150900287467 dated 20.9.15, job sheet No.AMSDEL006647 dated 21.11.15 and e-mails dated 24.5.16, 26.2.16, 19.2.16 and 5.2.16.  He has once again narrated facts of the complaint in the affidavit dated25.10.16 and  deposed that the mobile handset developed some fault and was given for repairs to Opposite Party-3 within warranty.   The same is neither repaired nor returned till today.  

 

            From perusal of the invoice dated 20.9.15 and  job sheet dated 21.11.15 it reveals that the complainant purchased one mobile handset Moto X Play-XT1562 from Opposite Party-2 for sale consideration of Rs.19,999/- vide invoice No.#CHN_PUZHAL_0120150900287467 dated 20.9.15.  The mobile handset developed some fault and same was picked up by Opposite Party-3 for repairs vide job sheet No.AMSDEL006647 within warranty. But the same is neither repaired nor returned till today.

 

            We have heard the complainant  in person and have gone though the complaint, affidavit dated 25.10.16 and documents placed on record carefully and thoroughly. 

 

            The version of the complainant  has remained unrebutted and unchallenged.   Therefore, there is no reason to disbelieve the unrebuted and unchallenged version and evidence produced by him.   The complainant  from affidavit  invoice and  job sheets  has been able to show that on 20.9.15 he purchased one mobile handset Moto X Play-XT1562 from Opposite Party-2 for sale consideration of Rs.19,999/- vide invoice No.#CHN_PUZHAL_0120150900287467 dated 20.9.15.  The mobile handset developed

4/-

some fault and same was picked up by Opposite Party-3 for repairs vide job sheet No.AMSDEL006647 dated 21.11.15 within warranty. But the same is not returned till today. The complainant has suffered loss of the mobile handset. He is also deprived of his valuable right to use the mobile handset.  Therefore, there is negligence and deficiency  in service on the part of Opposite Parties 1 & 3.  The Opposite Parties jointly and  severally are liable to pay cost of mobile handset and compensation for mental and physical agony. 

 

            In the light of above discussion and observations, the complaint succeeds and is hereby allowed.  The Opposite Parties 1 & 3 are jointly and severally liable.    The Opposite Parties 1 & 3 are directed to pay Rs.19,999/- cost of mobile handset with interest at the rate of 9% per annum from the date of filing of the complaint till actual realization of the amount.  We also award compensation of Rs.1000/-for mental pain, agony and harassment suffered by the complainant  and for loss of use of mobile handset for almost one year.   

 

 

Order pronounced on   :17.12.16

• Compliance of the order be made within 30 days after receipt of the order.
• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

 

(PUNEET LAMBA)                          (URMILA GUPTA)              ( R.S.  BAGRI )

  MEMBER                                         MEMBER                            PRESIDENT