Jammu and Kashmir

Jammu

CC/691/2017

JASBEER SINGH - Complainant(s)

Versus

MOTOROLA - Opp.Party(s)

INPERSON

08 May 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,JAMMU

(Constituted under J&K Consumer Protection Act,1987)

                                                          .

 Case File  No                239/DFJ           

 Date of  Institution   :    03-10-2017

 Date of Decision      :     18-04-2018

 

Jasbir alias Jantu Jasbeer Singh,

S/O S.Tarlok Singh,

R/O H.No.18/C Sector 2,

GTB Nagar,Channi Rama Jammu.

                                                                                                                                                Complainant

               V/S

1.Motorola Software Co.6^th Floor,

    Building H,Right Wing,Auriga Block,

  Banenverg K Raheja IT Park,Hi Tech City

  Madhapur,Hydrabad-500081.

2.Motorola Phone Service Centre,

   248-A First Floor Behind Apsra Road,

   Gandhi Nagar Jammu.

3.Motorola Phones Service Centre,

   Jewel Near Fortune Hotel, Jammu.

4.Mobile Planet Shop No.34 Below Gumat,

Opp.Balgotra Dhaba,Jammu.

                                                                                                                                                Opposite parties

  CORAM:-

                           Mr.Khalil Choudhar   (Distt,& Sessions Judg   President

                           Ms.Vijay Angral                                                    Member

                           Mr.Ghulam Sarwar Chauhan                             Member

 

In the matter of  Complaint under section 10 of J&K Consumer Protection Act 1987.

Complainant in person, present .

Nemo  for Ops.

 

                                                   ORDER

 

                              Facts relevant for the disposal of complaint on hand are that complainant said to have purchased a handset Motorola G4 Plus  from OP4 for sale consideration of Rs.13,000/-on,11-10-2016,vide bill No.24334 ,copy of bill is annexed as Annexure-A,however,within warranty period the handset marred by defects, like touch system is not working, complainant approached OPS 2&3 to get it repaired, but they refused to repair the handset. Allegation of complainant is that he also requested OP2&3 to replace the handset or pay cost of said handset, they told that the warranty of the handset has been expired, but according to bill, the handset is within warranty period and he also approached OP4 to repair the handset, who in turn apprised him that they only sell the handset and they do not repair nor replace the handset    Allegation of complainant is that he run from pillar to post for settlement of claim, but did not yield any fruitful result,therefore,for deficiency in service, complainant approached this Forum and prays for refund of sum of Rs.13,000/-and in addition, prays for compensation under different heads to the tune of Rs.40,000/-.

             On the other hand, despite service of notices,OPs did not take any action to represent their  case in this Forum, either to admit the claim of complainant or to deny the same within stipulated period, provided under the Act. Thereafter, the right of the OPs to file reply was closed, vide order dated, 22-11-2017.

                   Complainant adduced evidence by way of duly sworn evidence affidavit and affidavit of Karan Sawhney. Complainant has placed on record copy of retail invoice and copies of mails.

                  We have perused case file and heard L/Cs appearing for parties at length.

                   To be brief, grievance of complainant is that he purchased a Motorola G4 Plus  from OP4 for sale consideration of Rs.13,000/-on,11-10-2016,vide bill No.24334 but ,within warranty period, same was marred by defects. Further allegation of complainant is that despite he approached Ops,but OPs failed to rectify the defects, which were manufacturing defects in nature.

                       The complainant in his own duly sworn evidence affidavit and affidavit of Karan Sawhney have supported the averments of the complaint. There is no evidence on record produced by other side to rebut the case of complainant. So from perusal of complaint, documentary and other evidence produced by the complainant, it appears that the complainant has succeeded in proving his case as narrated by him in the complaint. The complaint is fully supported by his own duly sworn affidavit and affidavit of Karan Sawhney,so, in the given circumstances of the case, and in view of the evidence on record, there is no reason to disbelieve the averments of complaint.

                      This is a case of deficiency in service. The OPs despite of service of notice sent by the Forum through registered cover have not taken any action to represent their case before this Forum, either to admit the claim of complainant, or to deny it, so there is no reply filed by OPs in this complaint and there is also no evidence to rebut the case of complainant. The present case of the complainant is covered by Section 11 2(b) (ii) of the Consumer Protection Act,1987, which provides that in a case where the OPs omits or fails to take any action to represent their case within the time given by Forum, in that situation, the Forum shall settle the consumer dispute on the basis of evidence brought to its notice by the complainant. Sub-clause (ii) of the Section 11, clearly provides that even where the OP omits or fails to taken any action to represent its case before the Forum, the dispute has still to be decided on the basis of evidence brought to its notice by the complainant.                                     

                         Therefore, in view of aforesaid discussion, the complaint filed by the complainant for redressal of his grievance is allowed and Ops are directed to pay  Rs.13,000/-(i.e. cost of handset) to complainant, who shall return the defective handset alongwith accessories to OPs. Complainant is also entitled to compensation of Rs.5000/-for causing unnecessary harassment and mental agony and litigation charges of Rs.5000/-.The OPs shall comply the order within one month, from the date of receipt of this order. Copy of this order be provided to parties, free of costs. The complaint is accordingly, disposed of and file be consigned to records after its due compilation.

Order per President                                                 Khalil Choudhary

                                                                                 (Distt.& Sessions Judge)

                                                                                       President

Announced                                                            District Consumer Forum

18-04-2018                                                                   Jammu.

 

Agreed by                                                               

      

Ms.Vijay Angral          

  Member                                                                                               

.               

 Mr.Ghulam Sarwar Chauhan

Member