In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 118 / 2007.
1) Mr. Gholam Shakir,
93, Elliot Road, Kolkata-700016. ---------- Complainant
---Versus---
1) G. K. Communication, Distributor / Seller of Nokia Mobile Phone,
112A, Karl Marx Sarani, Kolkata-700023.
2) HCL Infinet Ltd.,
E8-9, 3rd Floor, Vardhman Plaza, Kalkaji, New Delhi-110019.
3) Manager Finance & Accounts, HCL Infinet Ltd.,
E-4, 5, 6, Sector-II, Noida, U.P.
4) National Insurance Co. Ltd.,
HCL Safeguard Insurance Scheme, DO XVII,
12, Community Centre, East of Kailash, New Delhi-110065. --------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 4 2 Dated 30/01/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Mr. Gholam Shakir against the o.ps. G.K. Communication and others. The case of the complainant in short is that he purchased a Nokia mobile set model no.6800 for Rs.19,000/- from o.p. no.1 who is the dealer of o.p. no.2 HCL Infinet Ltd. and from the date of purchase the said set started to trouble and was not functioning properly and the said set was under insurance coverage under o.p. no.4 National Insurance Co. Ltd. having special contingency policy no.351700/46039500324 issued by National Insurance Co. Ltd. DO-XVII, East of Kailash, New Delhi-110065. For rectification of the defect the set was sent to the service centre of Nokia the HCL Infinet Ltd. and the centre on examining the set issued a BER certificate that the set is not reparable and has got inherent manufacturing defect. As a result on receipt of the said certificate the complainant returned he set along with the charger to the claim administrator HCL INFINET LTD. (New Delhi) and the said authority sent a payment of advice for Rs.2800/- on 12.8.06 to the complainant and the complainant received the same with objection. The amount so paid was against the total claim i.e. the price of the set Rs.19,000/-. Complainant wrote various letters to the o.ps. for redressal but nothing was brought forth. Hence the instant case filed by the complainant with a prayer contained in the prayer portion of the petition of complaint.
O.p. no.4 had entered its appearance by filing w/v and matter was heard ex parte as against o.p. nos.1,2 and 3 as they did not enter their appearance in this case. O.p. no.4 by filing w/v denied all the material allegations labeled against it and prayed for dismissal of he case.
Decision with reasons:
It is an admitted position that the Nokia mobile set had its inherent manufacturing defect and complainant received Rs.2800/- with objection as against Rs.19,000/- the cost of the set. We have gone through the entire materials on record and evidence and documents in particular. It is seen from the record that o.p. no.2 sent Rs.2800/- to the complainant which complainant received with objection and o.p. no.2 made the said payment keeping an eye to the inherent manufacturing defect of the Nokia mobile set and complainant returned the said set with charger to the o.p. no.2. Be that as it may it is o.p. no.2 who is solely responsible for meting the redressal of the complainant whilst complainant received Rs.2800/- with objection and we find clear deficiency on the part of o.p. no.2 in this regard being a service provider to its consumer / complainant and complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complaint is allowed on contest against o.p. no.4 and ex parte as against o.p. nos.1,2 and 3 with cost against o.p. no.2. O.p. no.2 is directed to pay a sum of Rs.16200/- (Rupees sixteen thousand two hundred) only with interest @ 9% p.a. from the date of issue of advice of Rs.2800/- till the date of realization. O.p. no.2 is further directed to pay compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only to the complainant within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant till the date of realization.
Supply certified copy of this order to the parties.
_____Sd-____ ______Sd-______
MEMBER PRESIDENT
