BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 27/10/2012
Date of Order : 31/01/2013
Present :-
Shri. A. Rajesh, President.
Shri. Paul Gomez, Member.
Smt. C.K. Lekhamma, Member.
C.C. No. 674/2012
Between
Binish Xavier, | :: | Complainant |
Tharayil House, Chandiroor. P.O., Cherthala - 688 547. |
| (By Adv. Tom Joseph, Court Road, Muvattupuzha – 686 661) |
And
1. M/s. Nokia India Pvt. Ltd., | :: | Opposite Parties |
Regd. Office, Flat No. 1204, 12th Floor, Kailash Building, Kasturba Gandhi Marg, New Delhi – 110 001. 2. M/s. Nokia Priority Partner, Cellular World, Penta Menaka, Kochi – 682 031. |
| (Op.pts. absent) |
O R D E R
A. Rajesh, President.
1. The undisputed facts of the complainant's case are as follows :-
The complainant had purchased a Nokia X7 mobile handset on 19-11-2011 at a price of Rs. 21,000/-. The set became defunct after a month from the date of purchase. The complainant entrusted the set with the service centre of the opposite party for repairs and it was returned after a week. When it was returned the entire contact numbers stored was seen lost and caused severe hardships to the complainant. The SIM card was changed as instructed by the service centre. But within 2 weeks, the very same complaint persisted. Again, the set was entrusted with the service centre. After two weeks, they returned the same stating the complaint as software complaint. Again the very same complaint was repeated. When it was entrusted with the service centre, after 4 days they returned the set with an assurance to replace the same in case of any further complaint. However, on the next day, the set again became defunct. The service centre accepted the set on 07-08-2012, they returned the same on 16-08-2012 and they failed to rectify the defect. The recurring defect of the handset is due to its inherent manufacturing defect. The complainant is entitled to get refund of the price of the set with interest at the rate of 12% p.a. together with compensation and costs of the proceedings. This complaint hence.
2. The opposite parties duly accepted the notice issued from this Forum, but did not respond to the same for reasons not stated or explained. Proof affidavit has been filed by the complainant. Exts. A1 and A2 series were marked. Heard the counsel for the complainant.
3. The points that came up for consideration are as follows :-
Whether the complainant is entitled to get refund of the price of the gadget?
Whether the complainant is entitled to get compensation and costs of the proceedings from the opposite parties?
4. Point Nos. i. and ii. :- Ext. A1 cash receipt goes to show that on 19-11-2011 the complainant purchased a mobile handset from the 2nd opposite party at a price of Rs. 21,000/- which was manufactured by the 1st opposite party. Exts. A2 series service job sheets would show that time and again the complainant had to approach the service centre of the opposite parties to get the defects of the mobile handset rectified. No explanation is forthcoming on the part of the opposite parties as to the reason for the frequent defects of the handset for their conspicuous absence. In that view of the matter, we are only to hold that the continuous defects of the handset despite repeated repairs is due to its inherent manufacturing defect not controverted. According to the Hon'ble National Consumer Disputes Redressal Commission, a frustrated consumer is entitled to get refund of the price of the gadget. (Sony Ericsson India Ltd. Vs. Ashish Aggarwal IV (2007) CPJ 294 (NC) ).
5. Point No. ii. :- The consumer having been put to unnecessary and unexplained inconveniences is entitled to get costs of the proceedings. We fix it at Rs. 1,000/-. Since the grievance of the complainant is sufficiently met by the above order, we refrain from ordering compensation.
5. In the result, we partly allow the complaint and direct as follows :-
The opposite parties shall jointly and severally refund the price of the mobile handset under dispute as per Ext. A1 to the complainant with interest at the rate of 12% p.a. from the date of purchase till realisation. In that event, the complainant shall return the defective gadget to the opposite parties simultaneously.
The opposite parties shall jointly and severally also pay Rs. 1,000/- towards costs of the proceedings.
The order shall be complied with, within a period of 30 days from the date of receipt of a copy of this order.
Pronounced in the open Forum on this the 31st day of January 2012.
Forwarded/By Order, Sd/- A. Rajesh, President.
Sd/- Paul Gomez, Member.
Sd/- C.K. Lekhamma, Member.
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the bill dt. 19-11-2011 |
“ A2 series | :: | Copy of service job sheets. |
Opposite party's Exhibits :: Nil
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