BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.48 of 2017
Date of Instt. 20.02.2017
Date of Decision: 16.08.2017
Gagandeep Verma S/o Sh. Kulwant Rai, Block-B, Mount Avenue, Tehsil and District Hoshiarpur.
..........Complainant
Versus
1. Service Centre: Newrays Enterprises, SCO#11, Khukhrana Complex, Krishan Nagar, Nr. Adarsh Nagar, Gurudwara, Canal Road, Adjoining Khaira Palace Jalandhar-144002.
Email:
2. Manufacturer: Flextronics Technologies (India) Pvt. Ltd. (DTA Unit), Plot No.3, Phase-2, SIPCOT Industrial Park, Sandavellur “C” Village, Sreperumbudur Taluk, Kancheepuram District, Tamilnadu-602106, India.
3. Motorola Mobility India Pvt. Ltd. 12th floor, Tower D, DLF Cyber Greens, DLF Cyber City, Gurgaon-122002, Haryana, India.
….… Opposite parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Sh. Parminder Sharma (Member)
Present: Complainant in person.
Opposite Parties No.1 to 3 exparte.
Order
Karnail Singh (President)
1. This complaint presented by the complainant, wherein alleged that the complainant has purchased the Motorola G Plus 4th Gen (Black 32GB) with serial No.358187078742973 from Amazon.in on 18 August, 2016, payment made through Credit Card in advance but after few days of the purchase of the said phone, the phone started giving the problem like getting hanged, not working properly while charging and the biggest problem that it automatically got switched off. The complainant handed over the said mobile set to the company's authorized service center i.e. OP No.1 on 22.09.2016 but thereafter the complainant did not get any response from the OP No.1 and ultimately the complainant was forced to purchase another handset from market for Rs.1500/- because it was not possible for complainant to survive without phone for a long time.
2. The complainant had to made number of visits to the service centre to get the handset back as the service centre representative did not respond to the calls and some times on reaching over there, the service center found closed and ultimately the handset was given back on 06.10.2016, with the submission that its battery was faulty and same has been replaced and there would not be any kind of problem in the future. Thereafter the handset worked fine for next few hours and again started giving same power off issue and then complainant again forced to go to the service center and this time, the service center representative told him to wait at least for another 7 days to get it repaired and after 7 days, when complainant approached to the service center but his handset was returned after 15 days and that too he was given another old handset in place of his new handset with another set of issue like scratches on the phone, side volume down key not working, calling voice clarity issue. The IMEI number of the handset returned to him was not the same that he had submitted at service center. He was assured the same from service center representative that he will replace this old handset in short while but till now he had not got any response from that guy. He had also sent a number of emails and calls, the service support number 18001022344 but he did not get the proper response/solution from support team. All of the email conversations held between him and Motorola support team are attached. Therefore, it is kindly prayed that the present complaint may kindly be accepted and the OP No.1 to 3 be directed to pay the price of the handset i.e. INR 15000/- and further directed to pay compensation of Rs.10,000/- to the complainant and litigation expenses of Rs.1000/-.
3. Notice of the complaint was given to the OPs but despite service, all the OPs did not bother to appear and ultimately they were proceeded against exparte.
4. In order to prove his exparte claim, complainant himself tendered into evidence his affidavit Ex.CA alongwith some documents Ex. C1 to Ex.C19 and closed the exparte evidence.
5. We have heard the complainant in person and also gone through the case file very minutely.
6. It is established on the file that the complainant purchased online Motorola mobile handset for an amount of Rs.15,000/- and copy of the retail invoice is Ex.C1, wherein the shipping address of the complainant is categorically mentioned and service station of the Motorola handset company is at Jalandhar and set was got repaired from service centre of the manufacturing firm of the Motorola handset at Jalandhar and as such the instant complaint filed at Jalandhar. The version of the complainant that after purchase of the mobile phone, it started giving problem from the very beginning and in order to establish that factum, the complainant approached to the service centre and handed over the mobile phone to the service centre for repairing the same, who issued a Job Sheet dated 22.09.2016, the copy of the same is Ex.C8, wherein the defect is mentioned Auto Power Off Issue, the second Job Sheet issued by the OP No.1 is Ex.C10, the same is dated 07.10.2016, the problem mentioned in this Job Sheet is also Auto Power Off Issue, the complainant deposited the mobile phone set twicely with the service center but despite that the mobile set is still having same problem and as such the complainant made an email correspondence to the manufacturing firm, the said correspondence is available on the file Ex.C2 to Ex.C7, whereby the complainant was asked to attach the bill given by the service centre, so, the company can consider your problem. So, it means that there is some problem in the mobile handset and due to that reason, the complainant started email correspondence with the manufacturing company. So, these factum itself established that the mobile set of the complainant could not be repaired by the service centre despite the factum that he visited twicely, which itself shows that there is some manufacturing defect in the mobile handset, which is not curable and even ultimately the complainant has purchased an other mobile handset and accordingly we find that there is deficiency of service on the part of the OP and moreover the OP did not bother to appear and as such the claim of the complainant is remained un-opposed and therefore, we have no alternative except to accept the exparte claim of the complainant and accordingly complaint of the complainant is partly accepted and OPs are directed to return the price of the mobile handset i.e. Rs.15,000/- along with interest @ 9 % per annum from the date of purchase i.e. 18.08.2016 till realization, on return of the old handset to the company and further OPs are directed to pay compensation to the complainant for mental agony and harassment to the tune of Rs.5000/- and litigation expenses of Rs.1000/-. The entire compliance be made within one month from the date of receipt of the copy of order. Complaint could not be decided within stipulated time frame due to rush of work.
7. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Parminder Sharma Karnail Singh
16.08.2017 Member President
