CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.552/2009

SH. NARENDER GANDHI

TRANE COMPANY

612-614, INTERNATIONAL TRADE TOWER,

NEHRU PLACE,

NEW DELHI-110019

…………. COMPLAINANT                                                                                     

                                    VS.

1. M/S MOTOROLA INDIA PVT. LTD.

MOTOROLA EXCELLENCE CENTRE,

415/2, MEHRAULI GURGAON ROAD,

SECTOR-14, GURGAON-122001

2. THE MOBILE STORE

SHOP NO.-3, RED HOUSE BUILDING,

NEHRU PLACE

NEW DELHI-110019

…………..RESPONDENTS

Date of Order: 03.06.2016

O R D E R

A.S. Yadav – President

The case of the complainant is that he purchased one mobile handset for a sum of Rs.12,959/- on 03.09.2008 from OP-2, dealer of OP-1.  However, the said mobile handset started giving trouble within four months from its purchase.  It had slow speed, no display of incoming numbers and there was hanging problem as well.  The matter was brought o the notice of OP vide jobsheet dated 08.01.2009.  The mobile handset again started giving problem and it was again taken to authorized workshop of OP-1 on 03.07.2009.  OP-2 has given in writing that the mobile handset required replacement as the same was having problem.  Complainant has prayed that OP be directed to refund the full money of the said mobile handset plus Rs.25,000/- as compensation and Rs.10,000/- as cost of litigation.

The authorized representative of OP-1 appeared on 04.12.2009 and took time to file reply.  However the reply was not filed and ultimately OPs were proceeded ex parte.

We have gone through the complaint.  It is proved from the unchallenged testimony of complainant that the mobile handset given to complainant was defective and the defect was not cured.  Even dealer of OP-1 stated that they have checked the mobile handset and the same is having problem and it requires replacement or refund of the amount.  It is proved that there is deficiency in service on the part of OP-1.

OP-1 is directed to refund Rs.12,959/- alongwith interest @ 9% p.a. from the date of filing of the complaint as well as Rs.2,000/- towards compensation and Rs.2,000/- towards litigation expenses.

Let the order be complied within one month of the receipt thereof.  The complaint stands disposed of accordingly.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

             (D.R. TAMTA)                                                         (A.S. YADAV)

                 MEMBER                                                               PRESIDENT