Date of Filing:16.05.2008<br /> Date of Order:18.07.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 18TH DAY OF JULY 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> COMPLAINT NO: 1140 OF 2008<br /> <br /> Manjunath H. N.<br /> # 304, 11th ‘A’ Cross<br /> 20th Main, JP Nagar II Phase<br /> Bangalore 560 078 Complainant<br /> <br /> V/S<br /> 1. Nokia India Head Office:<br /> Nokia India Pvt. Ltd.<br /> 5th Floor, Tower A & B<br /> Cybergreen, DLF Cyber City<br /> Sector 25A, Gurgaon<br /> Haryana 122002<br /> <br /> 2. Nokia South Regional Office:<br /> Nokia India Pvt. Ltd.<br /> Prestige Tech Park, #2A, Jupiter Block, 3rd Floor<br /> Sarjapur, Marathahalli Ring Road<br /> Kadabeesanahalli, Bangalore 560 087<br /> <br /> <br /> 3. The Mobile Store<br /> Essar Telecom Retail Ltd.<br /> Shop No. G2, Ground Floor<br /> Avas Complex, 22/16<br /> 9th Main, 3rd Block, Jayanagar, <br /> Bangalore 560 011. Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that, he has purchased Nokia 6110 mobile phone on 1st March-2008. The phone had technical problem, battery was lasting for just 24 hours. Nokia manual mentions the battery should last for up to 72 hours. He handed over the set to Nokia Care Center, Jayanagar to rectify the defects and taken job sheet. He contacted the Nokia Care Center, they told that they cannot replace the front panel as it does not cover under the warranty. They have not told solution provided for the battery back up issue. Hence, legal notice was sent to opposite parties, nothing has happened. Therefore, he has decided to file this complaint. <br /> 2. Notice was issued to opposite parties. Opposite parties filed defence version stating that, the main grievance of the complainant is that, Nokia set has not been repaired to his satisfaction by the authorized service center. The opposite parties are always willing to perform their obligation under the terms of warranty and redress the grievances of the complainant and he is still willing to service/repair the hand set to the satisfaction of the complainant and the opposite parties are further submitted that they are ready and willing to redress the grievances of the complainant. Hence, question of replacement of handset or refund the sale price does not arise. <br /> REASONS<br /> 3. Arguments are heard. During the course of arguments the complainant was present in person and it was told to him that since the opposite parties are ready to repair the hand set to his satisfaction and for that he agreed and submitted that the hand set should be made defect free and it should be in perfect order. The opposite parties have clearly undertaken and submitted that it is willing to give service/repair the handset to the satisfaction of the complainant and the opposite parties are always ready to redress the grievances of the complainant. So, when this is the clear cut undertaking and commitment of the opposite parties and it is just fair and proper to direct the opposite parties to give free service and set right the things and repair the mobile handset to the satisfaction of the complainant and after making handset free from any defect the same shall be handed over to the complainant. The complainant shall approach the opposite parties and get the hand set after service/repair to his satisfaction. With this observation, I proceed to pass the following:-<br /> ORDER<br /> 4. The complaint is allowed. No order as to costs. <br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 18TH DAY OF JULY 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />