DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1664/2015
D.No._______________________ Date: __________________
IN THE MATTER OF:
AADRESH SAINI S/o SH. SURENDER KUMAR,
R/o H. No. 102, NEW COLONY PART-1,
VILLAGE-TATESAR, DELHI-110081.… COMPLAINANT
Versus
1. MOTOROLA SOLUTIONS INDIA PVT. LTD.,
SHOP No. 56-57, AGGARWAL CITY MALL,
RANI BAGH, DELHI-110034.
2. MOTOROLA SOLUTIONS INDIA PVT. LTD.,
415/2, MOTOROLA EXCELLENCE CENTRE,
SECTOR-14, MEHRAULI GURGAON ROAD,
GURGAON-122001, HARYANA. … OPPOSITE PARTY(IES)
CORAM :SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 15.12.2015
Date of decision:22.09.2017
SH. BARIQ AHMAD, MEMBER
ORDER
1. The complainant has filed the present complaint against the OP under the Consumer Protection Act, 1986 thereby alleging that the complainant ordered a Motorola Moto G 3rd Generation
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mobile handset through online service provider Flipkart on 02.08.2015 and product invoice was generated on 03.08.2015 and the product was received on 08.08.2015 with IMEI No. 355490061161695 and the payment was made in cash on delivery at a price of Rs.12,999/-. On 24.10.2015, the complainant started to face the problem in the mobile handset with the 3.5 mm audio jack of the device when the complainant plugged in the Motorola earphones certified with the device sound was coming from the left side only and on 04.12.2015 got back device with audio jack fixed and rest of the device damaged strongly. The complainant further alleged that the complainant contacted on chat with Motorola executive in help app of device on 26.10.2015 and he suggested the complainant some troubleshooting for the problem failing which he suggested to visit the nearby service centre and the complainant visited the B2X service centre at Aggarwal City Mall, Ranibagh on the same day i.e. 26.10.2015 and after 2 hours of waiting received the device back with suggestion to drop the device at service centre for 10 days which the complainant refused and after 1 hour during a call the complainant faced another problem in the mobile handset that is the earpiece of the phone was damaged during repair at service centre. After hearing about 5 days service
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the complainant approached for immediate repair on 04.11.2015 through call on no. +911141717124 and the engineer visited the complainant in the college at Paschim Vihar East Metro Station, Delhi and after observing the device he filled the details of the complainant alongwith the device details and produced two slips dated 05.11.2015. After 5 days the complainant again contacted the service center for the complainant’s device status and was asked to give them an extension of 2-3 days as the damaged part was not available.After calling regularly for next 5 days the complainant was provided with job sheet no. LPT/MG/15/07161 and was asked to call 18001022344 and was asked to ask for the new part i.e. customer helpline no. for motorola and care executives asked to wait patiently for some more time. On 20.11.2015, the complainant approached consumer helpline no. 1800114000 and was then asked to follow a certain procedure and firstly to e-mail the problem and wait for the reply and if the issue is still not solved then to writea letter to their head office in Gurgaon through speed post. On 02.12.2015, the complainant called the service center for device delivery and was assured of delivery on 04.12.2015 at the complainant’s premises but on 04.12.2015 the complainant was called by the service center to inform that they will not deliver the device at the complainant’s
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place. So the complainant travelled a distance of 3 hours to the service center during way back home, the complainant faced the following issues with the complainant’s device i.e. waterproofing seal, earpiece hardware of device is completely damaged, glass above front camera damaged, ROM of device is replaced from 3rd generation device to a previous 2nd version of another device, battery backup is reduced by half and performance of device by around 30% and signal picking strength is affected and tried conversing with consumer care on 04.12.2015 on call and they directly refused replacement 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 give new device with a new purchase date as well as compensation of Rs.9,45,000/- for loss of faith in the services of company and its services,Rs.1,00,000/- for loss to the studies due to stress + Rs.3,50,000/- for false advertisement and claims + Rs.1,00,000/- for loss in faith for services + Rs.45,000/- (number of times the complainant have called OP and made a fool by OP’s executives *1000) + Rs.3,50,000/- for fraud by changing parts.
3. Notices to OPs were issued through speed post for appearance on
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10.02.2016 and the notice to OP-2 was served on 21.12.2015 as per track report and notice to OP-1 as per track report “delivery attempted: addressee absent-intimation served”. But none for the OPs appeared on 10.02.2016, 03.03.2016 & 03.05.2016 and as such OPs have been proceeded ex-parte vide order dated 03.05.2016.
4. In order to prove his case the complainant filed his affidavit in evidence and also placed on record copy of retail/tax invoice dated 03.08.2015 issued by WS Retail Services Pvt. Ltd., copy of e-mail 26.10.2015 sent by OP to the complainant, copy of job sheet no. 763 dated 05.11.2015, copy of receipt no. 550 dated 05.11.2015 issued by Technocare Solutions Pvt. Ltd., copy of e-mail communications, copy of e-mail dated 20.11.2015 sent by the complainant to OP, copy of e-mail dated 25.11.2015 sent by OP to the complainant, copy of a letter dated 28.11.2015 written by the complainant to OP alongwith postal receipt and copy of call status.
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 that
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even 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 complainant made complaint of his mobile to the service enter of OP-2 within warranty period. Though OP-2 had tried to rectify the defect which has been occurring in the mobile phone again and again. It was the duty of the OP-1& OP-2 to rectify the defect once for all or to replace the product. Frequent recurring of the defect in the mobile as revealed from the various job sheets clearly shows that there is some inherent manufacturing defect in the mobile which OP-2 & OP-3 has failed to rectify. A customer/consumer is not expected to file complaints frequently in respect of new product purchased. It is expected that the new product purchased is free from all sorts of defect in the product. Accordingly, both the OPsare held guilty of unfair trade practice and deficiency in service.
7. Accordingly, both the OPs jointly or severally are directed as under: -
i) To pay to the complainant an amount of Rs.12,999/- as the cost price of mobile phone.
ii) To pay to the complainant an amount of Rs.10,000/- as
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compensation including litigation cost towards mental agony and harassment caused to the complainant.
8. The above amount shall be paid by both the OPs jointly or severally to the complainant within 30 days from the date of receiving of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% perannum from the date of receiving of this order till the date of payment. If OPs fail to comply the order within 30 days from the date of receiving of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
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 22nd September, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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