Mr. Deborshi Sadhan Bose,

26, Ballygunge Place,  Kolkata-19                                     …….     Complainant

vs.

Nokia Networks,

3F, Tower.II, Millennium City,

T. Park Plot No.62, Bidhan Nagar,

Salt Lake,  Kolkata-53  and  others                                  .……  Opposite parties

Present :     Sri A.K. Das,  President

                   Smt. D. Sen (Maity), Member    

                   Sri L.K. Banerjee,  Member

Order no.   8   dt. 08.01.2008

            The complainant in this consumer complaint has prayed for refund of Rs.15,400/- being the purchased price of mobile handset along with other reliefs alleging deficiency in service on the part of the o.p.

            Profile of the complainant’s allegation is that he purchased a handset being Nokia Model No.6270 on 14.6.06 from o.p. no.2 at a price of Rs.15,400/-. Invoice is annexed with the complaint. Just after two and half months the mobile handset started numerous problem and could not work properly. Complainant sent the said mobile set on 24.9.06 to Nokia Care, o.p. no.3 for check up. O.p. no.3 vide letter dt.8.11.06, annex- ‘Page A’, communicated to the complainant that after technical verification of the said mobile handset was repaired and requested the complainant to take back the same repaired set. Complainant was reluctant to accept the repair set. Complainant made several representation to replace the handset. Getting no remedy from the o.p. he has filed present consumer complaint for above relief.

            Notices of this consumer complaint have been duly served upon the o.ps. but none appeared to contest the claim of the petitioner. Accordingly, the consumer complaint is taken up for ex parte hearing.

            It is appearing from the petition of complaint that petitioner purchased the Nokia handset at valuable consideration but the said handset was given trouble immedia.te after two and half months from the date of purchase. As such, he demanded replacement of the handset from the o.p. but no positive answer was received from them. The contention of the petitioner is unchallenged. There is no evidence on record contrary to the statement made by the petitioner. Therefore, the claim of the petitioner is unchallenged. The deficiency in service on the part of the o.p. is evident from the petitioner itself as the handset was put in trouble without a very short time from the date of purchase. In view of the fact, petitioner is entitled to relief in this consumer complaint. The consumer complaint is awarded in the following terms.

                        O.p. no. 1 is directed to replace the hand set equivalent to any hand set of Nokia Model presently having price amounting to the purchase price of the earlier model i.e. Rs. 8,960/- only within two months from date. O.p. no. 1 is also directed to pay compensation of Rs. 2,000/- only and litigation cost Rs. 500/- only within two months from date, failing which it will carry an interest @ 8% p.a. till realization.

            Let copy of this order be supplied to the parties free of cost.