THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHADRAK

                                                                                                         Present-   Sri  Raghunath Kar, President                    

                                                                                                                        Sri Basanta Kumar Mallick ,Member

                                                                                                                        Afsara Begum, Member

Dated the 1st   day of November, 2017

C.D    case   No 93 of 2015

Rakhimani Jena (Proprietor)

M/s- Sree Communication

Opp. PN Bank

Padmabati Complex, By-Pass

Bhadrak, Odisha

756100                                                 ………………..Complainant

Versus 

Nokia India Sales Private Limited,

1st and 2nd floor, Tower A,

SP Info City, Plot No. 243,

Udyog Vihar, phase I, Gurgaon,

Haryana, India-122016

Nokia India Sales Private Limited,

Shree Mahabir Corporation,

Plot No- 746, nuahat,

Telegapentha, Cuttack-753011

Bhabani Connexions Private Limited,

Nokia /Microsoft Mobile Distributor(For Bhadrak),

Bhadrak, Odisha 756100.

Microsoft Corporation (India) Private Limited,

807, New Delhi House,

Barakhamba Road, New Delhi-110001

Nokia India Private Limited,

5F, 4th Floor, Tower A& B, DLF Cyber Greens

Cyber City, DLF Cyber City, DLF Ohase 2, Sector 24, Gurgaon, Haryana-122002.

Xerox Imaging Center

PO Box: SGNPO4, Kanara Business Centre

B Wing 303, 3rd floor, Behind Everest Garden, Laxmi Nagar

Ghatkopur (E), Mumbai- 400077                     ………………Opposite Parities 

For complainant -Sri Abinash Jena Authorized agent of the complainant 

Date of hearing – 08.03.2017

Date of order – 01.11.2017                                                                     

BASANTA KUMAR MALLICK, MEMBER

This dispute arises out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice.

           The facts disclosed in the complaint are to the effect that the complainant had purchased spare parts and tools for the purpose of repairing of mobile handsets of Nokia Brand to earn her livelihood. The service centre of the complainant was running in the name and style M/s Sree communications situated at By-pass, opposite Punjab National Bank Bhadrak. The whole business was limited in selling and servicing the products manufactured and marketed by OP No-1 and 3 respectively. With the passage of time OP No-1 sold out it’s right to a new company that is OP NO-4 ( Microsoft corporation India Ltd, New Delhi)  without caring for the rights & interest of the complainant and beyond of her knowledge also. But all of a sudden complainant got a draft letter of consent on 24.07.2015 through mail where O.Ps  advised the complainant to sign the said letter of consent and to transmit the same to OP No-1 and OP No-4 within 24 hours which is detrimental and prejudicial to the interest of the complainant. It is worth mentioning that the complainant is a authorized service provider of OP NO-5 since 2009 and has executed agreement to act within the frame work of certain terms and conditions. The said agreement was renewed time to time and was to expire on 30.09.2015. Prior to expiry of the validity period of the agreement; O.Ps forced the complainant to transmit the letter of consent which was drafted by O.Ps violating the terms of the agreement. That apart, OP No-1 did not disclose the fact of making over the Nokia India Pvt. Ltd to Microsoft Corporation (India) Pvt. Ltd without any prior intimation but went on renewing the agreement and disclosed at such a moment allowing only 24 hours to the complainant to decide the fate of her job and how to earn her livelihood.

                During 6 years, as an authorized service provider of Nokia Products when the terms of agreement were in force, complainant has procured spare  parts ad tools from Nokia company making full payment of the cost of spares and when all of a sudden the company was sold out without any prior notice and forced the complainant to transmit letter of consent duly signed within 24 hours and  when the stock of spares ad tools costing about Rs 20.00 lakes was there, complainant sustained huge loss as the O.Ps did not make any arrangement to safeguard the interest of the complainant which attributes to deficiency of service and unfair trade practice. The complainant , being the authorized service provider has made huge investment for operating the service center to create Nokia/Microsoft brand improvement and due to stipulation of stringent conditions arbitrarily for implementation directed by O.Ps, complainant has sustained huge loss on account of unfair trade practice of O.Ps. It is worth mentioning that the complainant, being the authorized service provider of O.Ps, has time and again requested the concerned O.Ps to supply spare parts for service solution of the customers of company and for their interest which contributed at lot for causing loss to the complainant and as such distrust prevailed between complainant and Opposite parties to the agreement. Apart from above, in spite of realizing the situation and plight of the complainant, O.Ps imposed penalty in many instances without any relevant and genuine reasons which adversely affected the sustainable viability of the complainant’s service center choking the flow of income to maintain her livelihood. It is also stated by the complainant that she has made a lot of communications to concerned O.Ps by mail explaining how the arbitrary decision and actions contributed to the loss of and financial sufferings of the complainant as she has been deprived of getting her legitimate due from O.Ps Company. Despite repeated requests made through mail when O.Ps did not respond to take back the spare parts worth of Rs 11,00,000/- and to refund the cost of the spares, complainant being a consumer of O.Ps raised this dispute alleging unfair trade practice and deficiency of service and prayed for relief with cost and compensation.

                          After admission of the dispute notice issued to all 6 O.Ps by registered post with AD out of which two Ads in respect of OP NO- 3 & 6 were returned with proper receipt acknowledgement and in respect of other O.Ps neither the letter nor the Ads were returned unserved. Hence it is construed that all the O.Ps have received the notice issued from the Forum but did not prefer to appear before the Forum nor filed any written version to defend themselves. Waiting for a prolonged period of one year and few months, complainant filed a petition to set the OPs ex-parte. Considering the situation of the case, the petition filed by the complainant was allowed and O.Ps were set ex-parte on 13.10.2016. Non of the O.Ps even appeared in the Forum as on the date of ex-parte hearing.

       Heard the complainant ex-parte and perused materials on record. It is an established fact that the complainant is the authorized service provider of O.Ps Company (OP No-1, 2&5) and an agreement between O.Ps and the complainant was signed in the year 2009 and has been extended time to time till 2015. Accordingly to the terms of agreement its validity period was to expire during September 2015. Prior to expiry  of the said agreement, O.Ps sold out the company to Microsoft corporation India limited without giving the prior intimation to the authorized service provider (complainant) so as to enable her to make alternative arrangement for earning livelihood. But the O.Ps with ulterior motive communicated a mail to the complainant and forced to sign a letter of consent in excise of option to have no objection if the existing company is sold out and reimbursement of any claim shall not be raised in future. When the complainant resisted and opposed the arbitrary decision and its forceful imposition upon the complainant, O.Ps did not respond to take back the spare parts and tools purchased from the O.Ps on payment of cost in advance and did not refund the amount. When the company is closed and handsets not available in the market, there was no scope to utilize the spare parts purchased from the company for specific purpose. Such decision of the company (O.Ps) caused huge loss for the complainant to survive in the existing profession. Apart from above, complainant has, time and again, requested the O.Ps by mail to augment the loss in taking back the tools and spare parts to which OPS did not respond rather threatened to recover some amount as penalty from the complainant.

          It is also observed that the O.Ps forced the complainant to transmit   consent letter within 24 hours much after sale/makeover of the company without revoking the agreement signed with the complainant. The O.Ps even did not take the list of the spare parts and tools in stock and cost of those items from the complainant, rather forced to exercise option for no objection on the matter of makeover of the company.

                   From the above facts and circumstances it is made clear that O.Ps have violated the terms of the agreement, taken bold steps to sell out the company keeping the complainant in darkness and did not make any effort to take back the spare parts in stock with complaint. Such action of O.Ps attributes to deficiency of service and unfair trade practice. Thus the O.Ps are liable to compensate the loss sustained by the complainant. Therefore It is ordered:-

                                                             ORDER

 The complaint be and the same is allowed ex-parte against the O.Ps. All the O.Ps except OP No-3 are directed to pay Rs 19, 95,000/- to the complainant towards the cost of spare parts and tools in stock with the complainant along with Rs 5000/- as compensation for mental agony and harassment and Rs 1000/- as cost of litigation within 30 days from the date of receipt of this order. In the event of failure to comply this order within the stipulated time, O.Ps shall have to pay interest @ Rs 7.5% P.A from the date of default till the date of payment of claim and compensation.                   

This order is pronounced in the open Forum on this 1st day of November, 2017 with the seal of the Forum.