Date of Filing: 17.04.2009<br /> Date of Order: 12.06.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 12TH DAY OF JUNE 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 898 OF 2009<br /> <br /> Vishwanath S.<br /> S/o. Shankarappa<br /> R/at Yerapanahalli<br /> Dodda Gubbi Post<br /> Bangalore 562 149 Complainant<br /> <br /> V/S<br /> <br /> M/s. Nokia Care Centre<br /> No. 135/2, 1st Floor<br /> Ghattes Plaza, 11th Cross<br /> Malleswaram<br /> Bangalore 560 003 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986.<br /> The facts of the case are that complainant has purchased mobile Nokia Phone Model 6300 on 19.12.2008 for a sum of Rs. 6,800/- from Hotspots Retails Ltd., K.H. Road, Bangalore. One year warranty was given. From the date of purchase the mobile battery back up for 3 ½ hours talk time assurance given by the dealer. But from the next day onwards battery backup lasted only for 2 hours talk time only. Complainant approached Nokia Service Centre and handed over the set for repairs. The service centre informed that they will set right the same. The complainant handed over the set to service centre on 13.03.2009 at Malleswaram, Bangalore and given back to the complainant on 26.03.2009. On the next day the set again started giving problem. The complainant gave the set second time for repairs to the opposite party service centre on 28.03.2009 vide complaint No. 1221 and it was given back to complainant on 11.04.2009. The opposite party has given false assurance. Therefore, there is deficiency in service. The complainant prayed that opposite party be directed to replace the Nokia set and to pay compensation of Rs. 25,000/-.<br /> 2. Notice issued to opposite party. Notice served. Inspite of service of notice opposite party has not appeared before the forum. Defence version also not sent by post. The opposite party has been placed ex-parte.<br /> 3. Heard the complainant who was present in person. Complainant submitted that mobile set is with him and he will surrender the defective mobile set and requested for replacement of the set. Perused the documents. As per warranty card battery backup and talktime is shown up to 3 ½ hrs. But the complainant submitted that the set is giving only 2 hrs talktime and thereby the company has given false promise and assurance to the customers. The complainant has produced two service job sheets to show that he has handed over the set to opposite party for repairs and inspite of handing over the set for repairs nothing has been done to rectify the defect. The opposite party has not appeared before this fora even though served with notice. The case put up by the complainant has gone unchallenged. Therefore, there is nothing to disbelieve the case of the complainant. Nokia Company is a very big and reputed company in the manufacturing of mobile sets. It should see that no defective sets are sold to the customers, if the defective sets are sold or supplied in the market the good name of the company will spoil. The customers will lose their faith and confidence in the company. Therefore, it is just, fair and proper for the Nokia Company to replace the mobile set with the same model or any other model of same value. The complainant has claimed compensation of Rs. 25,000/-. There is no basis to claim compensation. The complainant has not proved as to how he has suffered mental agony. Therefore, the claim of the complainant for compensation is rejected. In the result I proceed to pass the following:<br /> ORDER<br /> 4. The Complaint is allowed. The opposite party is directed to replace the Nokia Mobile handset model No. 6300 with a brand new defect free set of same price to the complainant. The complainant shall surrender old set to the opposite party after receipt of the new set. The opposite party is directed to comply the order within 30 days from the date of communication of this order.<br /> 5. The complainant is entitled for Rs. 500/- towards costs of the present proceedings from the opposite party. <br /> 6. Send the copy of this Order to both the parties free of costs immediately. <br /> 7. Pronounced in the Open Forum on this 12TH DAY OF JUNE 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />