The North District Consumer Disputes Redressal Forum said the Motorola 'Defy' handset, bought by the customer, was sent to the company's service centre twice for repairs.
Not rectifying the defects amounts to deficiency in service, the forum said.
"It is clear from the record that complainant had given the handset to authorised service centre of opposite party 1 (Motorola India Pvt Ltd) twice for repairs. Certainly, not rectifying the defects in the handset sold to the complainant is deficiency of service. In the circumstances, we are of the view that complainant is certainly entitled for refund of the price and also cost and compensation.
"In view of the reasons given above, we direct the opposite parties (Motorola and its authorised retailer) to jointly and severally pay a sum of Rs 16,000, price of mobile phone. Complainant shall return the mobile handset to them. Apart from above, they are also directed to pay Rs 2,000 as cost to the complainant," the bench presided by Babu Lal said.
The order came on the complaint by Delhi-resident Vinay Girdhar, who had alleged that the Motorola handset -- worth Rs 16,000 -- developed problems barely a month after its purchase.
He had said the smartphone's processing speed had slowed down and it was restarting again and again.
Despite taking the phone twice for repairs which included replacement of the mother board and a software upgrade, the mobile handset's problems persisted, Girdhar had said.
Motorola India was proceeded against ex-parte as no one had appeared on its behalf despite the notice served on it.
