Delhi

New Delhi

CC/845/2014

Shival Tyagi - Complainant(s)

Versus

M/S. Nokia Care - Opp.Party(s)

27 Sep 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI),

 ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN, I.P.ESTATE,

 NEW DELHI-110001

 

Case No.C.C./845/2014                                                                                                Dated:

In the matter of:

Mr. Shival Tyagi

S/o Sh. Shiv KumarTyagi

R/o 5299 Basant Road,

Paharganj,

New Delhi-110055.

 

 

        ……..COMPLAINANT

VERSUS

1. Nokia Care Manager

        Nokia India Sales Private LTD.,

        S.P. Infocity, Industrial Plot #243,

        Udyog Vihar, Phase 1,

        Dundahera, Gurgaon-122016

        Haryana, India

 

1. The Mobile Store LTD.

Shop No. B-1, Ground Floor,

Connaught Place,

Delhi-110001.

               .... OPPOSITE PARTY

 

MEMBER: NIPUR CHANDNA

                                

                                     ORDER

Complainant purchased Mobile Phone-Model Name Nokia Lumia 320 Black having IMEI no. 359179050652345 on  21/7/14 from OP no. 2 for a sum of Rs. 19,199/-.

              It is alleged by the complainant that from the date of purchase he was having difficulty in using the said mobile phone as its touchpad was not working especially when it is laid down or it used to start working automatically.

              Complainant lodged the complaint with OP no. 2 regarding the non-functioning of the phone, the OP 2 asked the complainant to approach the customer care centre of Nokia as the aforesaid mobile phone is under warranty.

              Complainant lodged telephonic complaint at the customer care No. 30303838 of Nokia Customer Care Centre, the executive of OP no. 1 registered his complaint vide complaint no. 1-15301001432 and asked him to visit the nearest Nokia Care Repair Centre.

              It is alleged by the complainant that as per the advice of the executive of OP no. 1, he visited the Service Centre of Nokia. The executive of OP after inspecting the alleged mobile phone asked him to deposit his mobile phone, as they need some time to repair it, and assured him that the mobile will be repaired and returned to him after 5-7 days. It is alleged by the complainant that he made several calls to Nokia Care Repair Centre to enquire about mobile phone, but every time he was told that mobile is under repairing.

              It is further alleged by the complainant that he deposited his mobile phone with OP No.1 on 23/8/14, and when he did not get back his aforesaid mobile phone despite repeated visits and telephone call, he sent a legal notice dt. 15/04/14 to OP No.1, in reply of which OP No.1 sent him a letter dt. 27/10/14 for collection of his mobile.

              It is further alleged by the complainant that he deposited the alleged mobile with the Nokia Service Centre on 23/8/14 and found that from that date despite his several requests  OP failed to return his mobile phone and only after the receipt of legal from dt.15/10/14 from the complainant, the OP through its reply asked the complainant to collect his alleged mobile phone. The complaint alleged that non providing of the repaired mobile in time by the OP amounts to deficiency in service. Hence this complaint.

              Notice of the complaint was sent to the OP through Regd. AD post for 28/01/15. Mr.Amit Kumar AR for the OP appeared and filed Memo of appearance copy of complaint was supplied and the matter was listed for filing of written statement by OP on 24/3/15. Since none appeared on behalf of OP on 24-3-15 OP was proceeded with ex-parte. Complainant filed his ex-parte by way of affidavit in which he has corroborated the contents of his complaint.

              Complainant has placed a record the original bill, original service, job sheet, copy of the legal notice dt.15/10/14 alongwith its postal receipt, copy of the reply dt.25/10/14 on behalf of OP, copy of the letter dt.28/10/14 in support of his case.

              We have heard ex-parte arguments advanced at the bar. We have carefully gone through the complaint as well as the annexure filed with it.

Complainant purchased the alleged mobile on 21/7/14 and he deposited the same with the OP 1 on 23/8/14, most of the times touchpad not working + most of the times softkeys like back button not working + not working when it is laid on table + no time touchpad not working + data cannot be saved. The OP 1 has assured the complainant that the mobile will be repaired by 6/9/14 but despite several requests OP failed to hand over the repaired mobile phone to the complainant in time, the OP asked the complainant to collect this mobile phone vide its letter dt. 25/10/14 that too after receipt of the legal notice by the complainant.

              In the letter dated. 25/10/14 the OP admitted that the mobile handset was repaired, that means the mobile phone sold to the complainant is a defective one, because within one month of its purchase, the said mobile phone stopped working.

              In view of the above discussion, we hold OP liable for unfair trade practice for selling the defective phone to the complainant as well as for deficiency in service for not repairing the aforesaid mobile within 7 days as assured by the OP.

              We therefore direct OP 1 to refund to the complainant as follows:-

1. Sum of Rs. 19,199/- as a cost of mobile phone.
2. Pay to the complainant a sum of Rs. 5,000/- for physical and mental agony suffered by the complainant.
3. Pay to the complainant a sum of Rs.3,000/- cost of litigation.

 

 

The order shall be complied with within 30 days of the receipt of the copy of the order. If the said amount is not paid by the OP within a period of one month from the date of receipt of this order, the same shall be recovered by the complainant along with simple interest at the rate of 10% per annum from the date of this order till recovery of the said amount of Rs. 27,199/-. This final order be sent to server (www.confonet.nic.in ). A copy each of this order each be sent to both parties free of cost by post.

 

     File be consigned to record room.

     Pronounced in open Forum on ................

 

(S K SARVARIA)

 PRESIDENT

 

 

 

                                                              (H M VYAS)                                     (NIPUR CHANDNA)

                                                                MEMBER                                                  MEMBER