BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Complaint Case no.272 of 2017
Date of Institution: 24.10.2017
Date of Decision: 28.12.2017
Kamal Kumar son of Shri Tota Ram, resident of Chattergarh Patti, Sirsa, District Sirsa.
………Complainant.
Versus
1. Wadhwa Mobiles, through its Proprietor Near Jagdev Singh Chowk, Circular Road, Sirsa.
2. Motorola Service Centre, Near Luxmi Sweets, OPP. LIC Office Sirsa.
3. For Consumer Complaint/ Customer Care Manager/ Importer Name & Address Motorola Mobility India Pvt. Limited 12th Floor, Tower-D, DLF Cyber Greens DLF Cyber City Gurgaon- 122002 (Haryana).
……… Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. R.L.AHUJA ………………. PRESIDENT
SMT. RAJNI GOYAT………………… MEMBER
Present: Sh. Amandeep Kamboj, Advocate for complainant.
Opposite parties exparte.
ORDER
In brief, case of complainant is that complainant purchased one mobile set Model Moto-C from opposite party no.1 on 25.7.2017 against cash amount of Rs.5536/- vide invoice No.130 dated 25.7.2017 with guarantee/ warranty of one year. It is further averred that just after purchase of the mobile set, it being defected one created problem of automatic running of functions and also problem of hanging. The complainant on the next day approached the op no.1 and complained about the same upon which the op no.1 out of his cleverness changed the mobile set vide bill No.144 dated 26.7.2017 and provided/ supplied another mobile set Motor-C Pearl white colour with full guarantee. That the complainant under bonafide belief received the mobile set but after few hours of the purchase of mobile set, the complainant detected the same problem of automatic running apps/ functions as well as hanging problem and mobile of complainant rendered useless. The complainant again approached op no.1 upon which op no.1 checked the defective mobile set thoroughly and on checking the functioning therein and finding it to be out of order due to manufacturing defect in the mobile, the op no.1 forwarded the complainant to op no.2 and op no.2 checked the mobile set and on finding the defect therein kept the mobile set with him but failed to redress the grievance of the complainant rather the ops made the complainant to take the rounds to the ops no.1 and 2 time and again. That thereafter the ops completely refused to redress his grievance and also refused to do anything qua his grievance stating that there is major manufacturing defect in the mobile set which cannot be removed in any way. It is further averred that thereafter complainant being the law abiding person got issued legal notice upon ops no.1 and 2 on 4.8.2017 but to no effect and the complainant again issued the reminder/ notice to the ops no.1 to 3 on 4.9.2017 and said notice was duly received by op no.3. That op no.3 got sent the reply to said notice through Lexxlata Consumer Affairs and Regulatory Consultants vide which the op no.3 required the contact number of the complainant, hence vide e-mail dated 3.9.2017, the demanded information was supplied to the op no.3 but inspite of this, the op no.3 failed to redress the grievance of the complainant. That due to above said act and conduct and breach of trust, the complainant undergone financial loss and also suffered unnecessary harassment and humiliation, hence, the complainant besides the replacement of the mobile set with new fresh one is also entitled for the compensation amount of Rs.50,000/-. That complainant is businessman and he had purchased the mobile set for the communication with his clients through the mobile facility but due to negligence and deficiency in service and unfair trade practice on the part of the ops, the complainant suffered disturbance and financial loss. Hence, this complaint.
2. On notice, opposite parties no.1 and 2 failed to appear despite service and were proceeded against exparte. OP no.3 failed to appear despite notice sent through registered cover and therefore, op no.3 was also proceeded against exparte.
3. The complainant produced his affidavit Ex.CW1/A, copy of bill dated 25.7.2017 Ex.C1, copy of bill dated 26.7.2017 Ex.C2, copy of legal notice Ex.C3, postal receipts Ex.C4 and Ex.C5, acknowledgments Ex.C6, Ex.C7, copy of reminder Ex.C8, postal receipts Ex.C9 to Ex.C11, acknowledgments Ex.C12, Ex.C13, copy of letter dated 20.9.2017 Ex.C14, copies of e-mail dated 3.10.2017 Ex.C15 and Ex.C16 and copy of aadhar card Ex.C17.
4. We have heard learned counsel for the complainant and have perused the case file carefully.
5. The complainant in order to prove his case has furnished his affidavit Ex.CW1/A wherein he has reiterated all the averments made in his complaint. The complainant has also furnished above said documents Ex.C1 to Ex.C17. From the copy of the bill dated 25.7.2017, it is evident that complainant purchased the mobile in question from opposite party for a sum of Rs.5536/- on 25.7.2017. On 25.7.2017 itself the mobile in question created problem and same was shown to op no.1 upon which op no.1 changed the mobile set vide bill No.144 dated 26.7.2017, copy of which is placed on file as Ex.C2. However, according to the complainant the said replaced mobile also suffered from problems on the same day of its replacement but till date the ops have failed to redress the grievance of the complainant despite issuance of legal notice, reminder and e-mails. The mobile is still lying with the op no.2. The pleadings and evidence of the complainant has gone as unchallenged and unrebutted as all the opposite parties have failed to appear before this Forum and opted to be proceeded against exparte. So, in our considered view that opposite parties are deficient in service by providing a defective mobile set in question to the complainant and then have not redressed the grievance of the complainant despite the fact that mobile in question developed problem on the day of its purchase and replacement.
6. In view of the above, we allow the present complaint and direct the opposite parties to refund the amount of Rs.5536/- i.e. price of the mobile in question to the complainant within a period of 30 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @9% per annum from the date of filing of present complaint i.e. 24.10.2017 till actual realization. We also direct the opposite parties to pay a sum of Rs.2000/- as composite compensation and litigation expenses to the complainant. All the ops are jointly and severally liable to comply with this order. A copy of this order be supplied to the parties free of costs. File be consigned to record room.
Pronounced in open Forum. Member President,
Dated:28.12.2017. District Consumer Disputes
Redressal Forum, Sirsa.
