The New Delhi District Consumer Disputes Redressal Forum gave the direction relying on the documents, including bill of purchase, submitted by the customer as no one had appeared on behalf of the mobile phone manufacturer and it was proceeded against ex-parte.
"The allegations made by complainant remain unrebutted because opposite party (Motorola) does not choose to contest the claim despite registered notices. We have no other option but to believe on the allegations made by complainant.
The bench, which included members S R Chaudhary and Asha Kumar, directed Motorola to refund Rs 13,700, the cost of the phone, to Delhi resident Rishi Kataria and to pay him Rs 5,000 as compensation and litigation charges.
According to Kataria's complaint, he had purchased a Motorokr E6 mobile for Rs 13,700 in August 2007. Soon after its purchase, the phone's touch-screen stopped working and he took it to a service centre for repair. As the problem persisted despite repairs, he contacted the company which had assured him that the mobile would be replaced but it was not done despite repeated requests.