BEFORE THE DISTRICT CONSUMER WARANGAL
Present: Sri
AND
Friday the 12th June, 2008.
CONSUMER COMPLAINANT NO. 13/2008
Between:
Bukya W/Age: 22 yrs.,
R/Wardhannapet Warangal District.
… Complainant
AND
M/Nokia Care Centre,
represented by its Manager,
S.R.Complex,
Vijaya Talkies Road,
Hanamkonda,
Warangal – A.P.
… Opposite Party
Counsel for the Complainant : Sri
Counsel for the Opposite Party : Did not appear has been set
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
: ORDER ::
per
This is a complaint filed by the complainant i.e.
The brief averments contained in the complaint filed by the complainant are as follows:
The complainant purchased Nokia Mobile Cell Piece Model No.1100 bearing No.IMEI No.3556930003269340 on 30-09-2005 by paying Rs.2 On 07-05-2006 all of sudden the cellphone developed some problems and stopped functioning, on the next day i.e. on 08-05-2006 the complainant handed over the cellphone to opposite party by acknowledging the receipt of the cellphone as well as the opposite party issued a service job sheet to the complainant. The complainant approached the opposite party in several times the opposite party postponing the returning of the cellphone. The complainant vexed with the attitude of the opposite party non-returning of the cellphone instrument issued a legal notice on 21-05-2007 through the Registered Post with The complainant issued another legal notice on 07-11-2007 demanding to return of the cellphone and demanded payment of Rs.5 The opposite party has taken notice and not responded till date for returning of the cellphone and payment of damages for deficiency of services. So the to deficiency of service. The complainant come to this Forum and filed the complaint against the opposite party.
02. The opposite party inspite of receiving the notices from this Forum and granting ample time for his appearance before this Forum the opposite party has not responded and not appeared hence this Forum set him Exparte.
The case of the complainant is that, she has purchased Nokia Mobile Cell Piece Model No.1100 bearing No.IMEI No.3556930003269340 on 30-09-2005 by paying Rs.2
After using the Cell phone as stipulated in the manuals provided by the opposite party on 07-05-2006 all of sudden the cellphone developed some problems and stopped functioning. On 08-05-2006 the said piece was handed over to the opposite party and a service job sheet was issued to the complainant by the opposite party and undertaken to repair and return back within 20 days.
But when the complainant approached for the return of repaired cell phone the opposite party has been postponing the matter on one pretext or the other on several times. Vexed with the attitude of the opposite party the complainant has got issued a legal notice on 21-05-2007 through registered post but the same was returned unserved on the opposite party on the ground that “Left without Address” by the postal department.
The complainant came to that, the opposite party has opened a branch in the present address has issued a legal notice on 07-11-2007 demanding to return of cellphone and payment of Rs.5,000/- towards damages. The opposite party has received the notice and not responded till date. As there is no other go the complainant has filed the present Consumer Complaint before this Forum for the redressal of her grievance.
As seen from the record the complainant has filed Ex.A-1 to Ex.A-7. Ex.A-1 is the Invoice/Cash Bill No.8395, dated 30-09-2005, Ex.A-2 is the Nokia Warranty Book and A-3 is the Service Job Sheet No.7051, dated 08-05-2006.
08. From the above documents she established her case that, she has purchased Cellphone from opposite party and when it started giving troubles and stopped functioning within the warranty period which was given to the opposite party for repair and it was retained by opposite party without any response.
09. The opposite party inspite of receiving the notices from this Forum and granting ample time for his appearance before this Forum the opposite party has not responded and not appeared hence this Forum set him Exparte.
10. Even though the opposite party has not appeared before this Forum and he has not shown any interest to contest the case and get set aside the Exparte Order.
11. The opposite party by retaining the cellphone of the complainant, which was given for repair and not getting it repaired and certainly amounts to deficiency of service, for which the complainant has to be compensated for the acts of the opposite party. This point is in
POINT TO
WHAT RELIEF:-
This point is also decided in
A month’s time is granted to the opposite party to compliance of the order.
(Dictated to the Stenographer transcribed by him corrected and pronounced by us in the open Forum today i.e. 12th June, 2008).
Member President,
District Consumer Forum, Warangal.
APPENDIX OF EVIDENCE
ON BEHALF OF COMPLAINANT
ON BEHALF OF OP.
1. Affidavit of Complainant filed
2. Chief Affidavit filed by complainant ---
EXHIBITS MARKED
ON BEHALF OF COMPLAINANT
01. Ex.A-1 is the Original Invoice/Cash Bill No.8395, dated 30-09-2005.
02. Ex.A-2 is the Original Nokia 110 User’s Guide.
03. Ex.A-3 is the Original Service Job Sheet No.7051, dated 08-05-06.
04. Ex.A-4 is the Legal Notice, dated 21-05-2007.
05. Ex.A-5 is the returned cover with acknowledgement card.
06. Ex.A-6 is the legal notice, dated 07-11-2007.
07. Ex.A-7 is the Acknowledgement card of Nokia Care Center.
ON BEHALF OF Opposite partY
NIL --
