Shiv Shankar Bharti,

of  178/52, Railway Quarter,

Golmohar Avenue,

District –Howrah,

PIN – 711101.--------------------------------------------------------------  COMPLAINANT.

-          Versus   -

Nokia India Pvt. Ltd.,

SP Infocity, Industrial Plot 243,

Udyog Vihar, Phase 1,  Dundahera,

 Gurgaon – 122016, Haryana,

India.

And

Nokia Care,

93/7, Deshpran Sasmal Road,

Howrah – 711101.----------------------------------------------------------OPPOSITE PARTIES.

                                                P   R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  Complainant, Shri Shiv Sankar Bharti,  by filing a petition U/S 12 of the C .P.

Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund the entire cost price of the mobile set in question along with the service charges so paid by him with the interest and to pay compensation with litigation costs  as the Forum may deem fit and proper. 

2.                  Brief facts of the case is that complainant purchased one mobile set

manufactured by O.P. no. 1 on 24-08-2010 on payment of Rs. 16,800/- vide bill dated 24-08-2010 having IMEI no. 352724048174857. It is stated by the complainant that on 27-05-2013, he gave his set to O.P. no. 2 for repairing purpose and delivery date was on 06-06-2013 vide annexure job sheet dated 27-05-2013. He received the same on 06-06-2013 on payment  of Rs. 2,200/- vide annexure. But again on 27-06-2013 , he had to give his set to O.P. no. 2 as the set went out of orders vide service job sheet dated 27-06-2013.  Target delivery date was mentioned as 04-07-2013. But till the filing of this case, the mobile set was not retured to him. As many  times he asked O.Ps. to return  his set, O.P. no. 2 replied that as and when the set would be repaired and made ready for delivery, he would be informed. But as there was no call from the O.Ps., he sent several number of e-mails to both O.Ps. Although O.Ps. sent return e.mails but his set was not returned. Lastly, he sent reminder letter cum legal notice to O.Ps. vide annexures asking for the same. But O.Ps. remained silent. Finding no other alternative and being frustrated complainant filed this instant case praying for the aforesaid reliefs.

3.                  Notices were served. But none appears on behalf of the O.ps.  and did not file

any written version. Accordingly, case heard ex parte against O.Ps.  

4.                  Two points   arose for determination :

i)    Is there any deficiency in service on the part of the O.Ps.  ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

iii)                Both the points are  taken up together for consideration.We have carefully

gone through the petition of complaint and its annexures sworn on affidavit and noted their contents. We find the set in question is quite costly. It is purchased only on 24-08-2010 and on 27-05-2013, the set was required to be given for repair due to some major defects for which the complainant had to pay Rs. 2,200/- as service charges. Complainant had purchased the set manufactured by a company which is worldwide reputed. The product of such  type of companies, like O.P. no. 1, is expected to run smoothly at least for five years. O.P. no. 1 should have been more careful in its manufacturing. However, when complainant had deposited the set for necessary repairing for the second time, O.P. no. 2 should have been more prompt in action. But O.P. no. 2 did not care to return the set even after receiving lots of e.mails and reminder letter from the complainant, which clearly shows that O.Ps. are negligent in providing service to the complainant.

Points under consideration are accordingly decided.

      Accordingly the case succeeds on merit.

      Hence,

                                    O     R     D      E      R      E        D

      That the C. C. Case No. 343 of 2013 ( HDF 343  of 2013 )  be  allowed ex parte against O.Ps. with costs.   

      That the  O.Ps. are jointly and severally directed to refund  Rs. 16,800/- to the complainant within 30 days from the date of this order.

      That the o.ps. are further directed to pay an amount of Rs. 3,000/- as compensation and Rs.1,000/- as litigation costs to the complainant within one month from the date of this order i.d., the entire amount of Rs. 20,800/- shall carry an interest @ 10% p.a. till actual realization.

      The complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.            

DICTATED  &    CORRECTED

BY   ME.  

      (  Jhumki Saha  )                                                                   

  Member, C.D.R.F.,Howrah.