1) Sri Sujit Kumar Sarkar, 2/57A, Sree Colony, Regent Estate, Kolkata-700092. ---------- Complainant ---Verses--- 1) Nokia Care, 37, Shakespeare Sarani, Kolkata-700017. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Smt. Jhumki Saha, Member. Order No. 1 5 Dated 1 4 / 0 9 / 2 0 0 9 . The complainant filed this petition u/s 12 of the C.P. Act, 1986 alleging the deficiency of service caused by the o.ps. by not repairing the mobile hand set of Nokia make, model no.32308 IMEI no.355694009547671, purchased by him on 30.3.06 on payment of Rs.9800/- from o.p. no.2. After purchase of the same, within 5 ½ month the mobile set went out of order and he took it to the o.p.no.1, Nokia Care, on 19.9.06, which was returned back to him on 1.11.06 without doing any repairing work as it appears in the jobsheet attached with the complaint/petition. Although in the jobsheet, in the column ‘Repaired done’, the remark is ‘Module Tempered Return without Repair’. As the set was within the warranty period, the complainant took it to the o.p. no.1 for necessary repairing work. But o.p. no.1 refused to do that on the plea that the set was tampered, which according to the complainant is totally false, since the set was within the warranty period, he had not given it to anywhere else other than the Nokia Authorized Service Centre, i.e. o.p. no.1. After that, the set was taken to o.p. no.2 Pentagon Centre for necessary repairing work. But o.p. no.2 also refused to do anything. Then the complainant lodged a complaint with Consumer Forum, Bhavani Bhawan and on their persuasion, o.p. no.2 repaired the set twice with an extended warranty but both the times the hand set stopped working within few hours. And finding no other alternatives, the complainant filed this petition praying for a direction to be given upon the o.ps. to replace the set by a set of similar value and quality, to pay a compensation of Rs.50,000/- for the harassment and inconvenience caused to him due to deficiency of service on the part of the o.ps. along with cost of proceedings. Notices were served upon the o.ps. None appeared. No w/v was filed by either of the o.ps. Decision with reasons : By purchasing a mobile hand set, the complainant becomes a consumer of o.p. nos.1 and 2. O.p. no.1, Nokia Care did not repair the hand set in spite of the fact that the set was within the warranty period. And from the ‘Service Jobsheet’ dt.19.9.06 given by o.p. no.2, it appears that the endorsement of ‘Set Tampered’ was made on 25.10.06, although any noting of any sort tampering in the set should have been noticed and endorsed on the very day when it was given for repairing, i.e. on 19.9.06. and under the column ‘Reported Fault’, it is written ‘Power : Doesn’t Switch On’. And the complainant was asked to take the delivery of the set after ten days. But after ten days, o.p. no.2 took a further time to repair the same, and even at that point of time, o.p. no.2 never told the complainant that the set was tampered. They mentioned it on the jobsheet only on 25.10.06 while returning it to the complain ant without doing any repairing work. Here, the o.p. no.2 is found guilty with malafide intension to harass the complainant. Moreover, no written version is filed by either of the o.ps. Hence, there is nothing to disbelieve the unchallenged testimony of the complainant. And o.p. no.1 also did not render their services to the complainant and o.p. no.1 was found deficient in providing service by not repairing the mobile set, which went out of order within 5 ½ months of its purchase. Accordingly, we hold both the o.ps. are deficient in providing service to the complainant. Hence, Ordered, That the o.p. no.2 is directed to replace the mobile hand set in question of similar value i.e. of Rs.9800/- (Rupees nine thousand eight hundred) only and of same and similar quality on receipt of defective mobile hand set in question and o.p. no.1 and o.p. no.2 jointly and severally are directed to pay compensation to the tune of Rs.5000/- (Rupees five thousand) only along with a litigation cost of Rs.500/- (Rupees five hundred) only. The o.ps. are directed to comply the order within one month from the date of communication of this order, in default, it will carry an interest @ 10% p.a. till full realization. Fees paid are correct. Supply copy of this order to the parties on payment of prescribed fees. Sd-- Sd-- ____________ ____________ MEMBER PRESIDENT |
