Presented by Miss B. L. Dora, Member .<br /> <br /> In this case, the Complainant has bought a Nokia-N 72 Model bearing IMEI No.359570016256173 on dated 28/02/2008 at the rate of Rs. 7,795.00/- (Rupees seven thousand seven hundred ninety five only) from the authorized dealer Anand World , Sambalpur.<br /> <br /> But unfortunately the said Mobile Handset created trouble after four to five days. The Complainant went to the authorized dealer to solve this problem but the dealer assured the Complainant that this is the newly used problem.<br /> <br /> The said Handset failed to receive any Tower & being automatically switched off for which the Complainant again made complain before the dealer. The dealer sent that disputed Handset to “Nokia Care” and gave a Service Job Sheet to the Complainant alleging that the said Handset was used in water. This is a false allegation just to over -lapped the situation voluntarily the term & conditions .In fact,the non-receiving of any Tower for Network is a technical manufacturing defect.<br /> <br /> On being harassed by this negative attitude, Complainant sent an Advocate notice through Regd. post, on dated 15/04/2008, which the Opposite Party No.1(one) has refused to receive. The Nokia India Private Limited has its dealership under the jurisdiction of Bargarh District.<br /> <br /> The Complainant claims Rs.60,000/-(Rupees sixty thousand )only for his mental agony, physical & financial loss, Rs.10,000/-(Rupees ten thousand)only for litigation costs. The Opposite Parties are negligent in performing duties for a bona fide Consumer. The said defective handset is in the custody of the Opposite Party No.1(one). As an L.I.C. Agent in profession, the Complainant suffered a lot in smooth running & earning money in his profession & facing difficulties in personal life.<br /> <br /> In order to support his case the Complainant has filed the following documents:-<br /> 1. Xerox copy of the Warranty Card dated 28/02/2008,<br /> 2. Xerox copy of the purchasing bill dated 28/02/2008.<br /> 3. Xerox copy of the Service Job Sheet dated 12/03/2008.<br /> 4. Xerox copy of the Warranty Index of 3 pages,<br /> 5. Original copy of the Advocate Notice (refused to receive) dated 17/04/2008.<br /> <br /> In response to this, the Opposite Party No.2(two) has filed a Deed Agreement & settled the dispute with the Complainant before the Honorable Forum vied Order dated 09/09/2008 & on the very date the Case against Opposite Party No.2(two) is dropped, the Opposite Party No. 1(one) set ex-parte. <br /> <br /> On perusal of the Documents & after hearing it is found out that, the Opposite Party No. 2(two) has made compromise with the Complainant. A final settlement has been made before the Forum in presence of both the party Advocates. No dispute occurred in regard to the Term & Condition for the said defective Mobile Handset & the Case is dropped .<br /> <br /> Since the Opposite Party No. 1(one) refused to receive the Pleader notice & made no response, the Complainant had to file the complaint to get justice & only after filing of the complaint, the Opposite Party No. 2(two) has settled the matter. This amounts to deficiency of service negligence in duty on the part of the Opposite Party No. 1(one), towards the Complainant.<br /> <br /> ORDER<br /> The Opposite Party No.1 (One) is directed to pay Rs.2000/-(Rupees two thousand)only to the Complainant as compensation for litigation cost & mental agony within 30 (thirty) days from the date of the Order, failing which the total amount awarded shall carry 12% interest till the date of actual payment.<br /> <br /> The Case is disposed of accordingly.