In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.344 / 2011 .
1) Ms. Sharmila Ghosh,
16B, Seal Lean, 3rd Floor, Kolkata-15. ---------- Complainant
---Versus---
1) Nokia India Pvt. Ltd.
Flat No.1204, Kailash Bu ilding (12th Floor),
Kasturba Gandhi Marg, New Delhi-110001.
2) Nokia India Pvt. Ltd.
SP Infocity Industrial, Plot No.243,
Udyog Bihar, Phase No.1, Dundahera,
Guirgaon, Hariyana-122016.
3) Nokia India Pvt. Ltd.
Represented by Chief Executive and Mr. Kapil Mathur &
Ms. Anita Choudhary both of Nokia Careline having
head office at DN-62, 3rd Floor, Tower-B, MillenniumCity,
Sector-V, Bidhan Nagar, SaltLake, Kolkata-91.
4) AM Mobile Telecom Pvt. Ltd.,
Shop No.039B, Metropolis Mall, HilandPark,
Garia, Kolkata-94, also having its office at
“Chatterjee International Centre”
11th Floor, 33A, Jawaharlal Nehru Road,
Kolkata-71, P.S. Shakespeare Sarani.
5) Mr. Sanjib Das, AM Mobile Telecom Pvt. Ltd.,
G-&, Merlin Manor, 32, Deshpran Sashmal Road,
Kolkata-33, P.S. Tollygunge. ----------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri ,Member
Smt. Sharmi Basu ,Member
Order No. 15 Dated 24/01/2013.
Smt. S. Basu, Member.
In a nutshell, the case of the complainant is that on 9.1.10 complainant purchased a mobile phone of which manufacturer is Nokia India Pvt. Ltd. (Manufacturer) for a sum of Rs.15,700/-. The mobile set had warranty for two years “under 24 months Nokia 8800 Ltd. warranty terms”. But on 28.6.11 mobile set in question could not function properly i.e. in the period which is very much within the warranty period. From then till the hearing of the instant case the mobile did not serve its function properly and the complainant instead of running from pillar to post to the o.ps. could not solve his problem due to negligence and inaction of the o.ps. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. did not contest the case by filing w/v and matter was heard ex parte against them.
Decision with reasons:
We have gone through the pleadings of the complainant, evidence and documents in particular. It is needed to be mentioned that even after valid service of notices none of the o.ps. appeared before this Forum. Therefore, all the documents filed by complainant remained unchallenged testimony and considered as valid. It is pertinent from the record that complainant has purchased a mobile set from o.ps. on 9.1.10 for a sum of Rs.15,700/- and it started problem from 28.6.11 which is very much within the warranty period and till the date of ex parte hearing of the instant case the mobile set did not perform perfectly. It also reveals from the record that in spite of number of correspondences made by complainant with the o.ps. o.ps. did not pay heed to that and moreover, it is needed to be mentioned that it is crystal clear that the case in question has started disputes more or less within six months from the date of purchase the same. In this regard we are relying upon the landmark judgment of the Hon’ble National Commission where it is observed that Hon’ble Natonal Commission that if goods in question is suffering from defect within very short period from the date of purchase the manufacturer of the goods should be liable for manufacturing defect of the goods in question and we are also strongly of the opinion that the goods in question in the instant case is suffering from manufacturing defect and o.p. nos.1, 2 & 3 being manufacturer are liable for supplying defective goods for sale and being seller o.p. nos.4 & 5 also cannot shirk off their responsibility for the mental agony and harassment of the complainant caused due to the defective goods in question.
Hence, ordered,
That the case is allowed ex parte with cost against all the o.ps. O.p. nos.1,2 & 3 are jointly and/or severally directed to refund the cost price of the mobile in question for a sum of Rs.15,700/- (Rupees fifteen thousand seven hundred) only and all the o.p. nos. 1 to 5 are jointly and/or severally directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Complainant is at liberty to file execution case before this Forum in case of non execution of the aforesaid order in its entirety within the stipulated period under the provision of the COPRA, 1986.
Supply certified copy of this order to the parties free of cost.
