Delhi

North

CC/214/2018

RAVINDRA PRAKASH JAIN - Complainant(s)

Versus

NOKIA NETWORKS INDIA AND ANR - Opp.Party(s)

SIDDHARTH GUPTA & SUKREET KHANDELWAL

13 Mar 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No.:214/2018

 

Sh. Ravindra Prakash Jain

S/o Late Sh. Shanti Lal Jain,

Villa 4, Ananda 10 A,

Raj Niwas Marg, Civil Lines,

Delhi-110007.                                     …                                   Complainant                                                         

                                                              Vs

Nokia Networks India,

Having its registered office at:

7^th floor, Building 9A,

DLF Cyber City, DLF phase-III,

Gurgaon-122002, Haryana.

 

Also at:

HMD Global India

Pioneer Urban Square Tower C,

5^th floor, Gold Course Extension Road,

Sector-62, Gurgaon-122002.

Haryana, India.                                  …                               Opposite Party No.1

 

IT Techies Services Pvt. Ltd.

(formerly Phonecare Services Pvt. Ltd.)

11/84, Motilal Nagar No.3,

Shree Gajanan CHS Ltd.,

MG Road, Goregoan (West)

Mumbai-400104, Maharashtra.            …                                Opposite Party No.2

ORDER

13/03/2024

 

Ashwani Kumar Mehta, Member:

 

(1)                The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that the Complainant,  during his visit to Dubai, purchased a mobile Phone i.e. Nokia 8 Blue bearing IMEI No. 356027080398863 along with 2 years India Extended warranty plan and inter alia free pick and drop service from Jumbo Store, Dubai Mall Shop 85, Level 2,  against invoice no. 11952 dated 23.09.2017 for 1,968.00 UAE Dirham (one thousand nine hundred and sixty eight UAE Dirham only) which  is equivalent to Rs.32,000/-( Rupees thirty two thousand only) for Opposite party no.1 i.e. Nokia Network India. The Copies of the original invoice and Jumbo Salam Certificate has been annexed with the complaint as Annexure A and B respectively.

 

(2)      It has further been alleged that after about 10 month, problems started coming in the above said mobile phone which stopped functioning properly. The camera had been capturing blur photos and automatically goes to silent/mute mode without activating the said feature. The complainant complained about the above said defect to opposite party no.1 and being in the warranty period on 02.06.2018, the Opposite party no.1 arranged a pick-up of the above said mobile phone via FedEx Express to dispatch the same to Opposite party no.2 i.e. IT Techies Services Pvt. Ltd., authorized service canter of opposite party no. 1. The copy of FedEx Express intra India waybill dated 02.06.2018 has been annexed with the complaint as Annexure C.

(3)      Thereafter, on 15 June, 2018, Opposite party no.1 delivered above said mobile phone with the assurance that all the problems have been fixed and above said mobile has been functioning properly, however, after receiving the phone, the moment complainant started using the phone and he found that the above said mobile phone was sent unrepaired without fixing the problems. The copy of delivery challan dated 13.06.2018 has been annexed with the complaint as Annexure D. The complainant immediately brought the above said fact to the notice of opposite party no.1 via mail dated 15 June, 2018 who again arranged the pick-up of the above said mobile phone via FedEx Express on 22.06.2018 to dispatch the same to Opposite party no.2 to fixed the problems. The copy of FedEx Express intra India waybill dated 22.06.2018 has been annexed with the complaint as Annexure-E.

(4)      It has further been alleged that at that time, complainant requested for a stand by device for the time the above said mobile phone got repaired since same is causing inconvenience which was denied by the opposite party no. 1  stating that stand by phone is provided only when service centre take more than 15 days to repair the phone.  Subsequently, on 27.06.2018, opposite party no. 1 informed me that since there was damage in the camera of the above said mobile phone and  it would take at least 15 working days to repair the same. Later on complainant again and again requested for the stand by device since it was more than 15 days and phone was not repaired and delivered to the complainant and same is causing inconvenience but the opposite party no. 1 showed no heed to the request of the complainant and no alternative device was provided to the complainant. On 19.09.2018, almost after 3 months and several reminders, above said mobile phone was delivered to the complainant and same was returned in same condition as it was sent first time for repair i.e. on 02.06.2018. The copy of FedEx Express intra India waybill dated 17.09.2018 has been annexed with the complaint as Annexure-F. The copies of reminder via e- mail has also been annexed with the complaint as Annexure- G (colly)

(5)      It has further been alleged that conduct of the opposite party clearly shows the mala fide intention and amounts to deficiency in providing service which resulted in huge inconvenience to complainant, causing disarray and mental agony to the complainant. The Complainant being aggrieved and dissatisfied with the conduct of the opposite party, seeking the commensurate compensation and registering protest against the Opposite Party No.1 because the Complainant had to undergo loss and damages stated above, moreover serious inconvenience, harassment and mental agony due to the deficiency in services of the Opposite party and the compensation for the same is valued at Rs.75,000/-. The Opposite party no.1 is guilty of gross deficiency in service towards their consumer i.e. the complainant, as stated above, a sum of Rs. 50,000/- for actual loss suffered and Rs 75,000/- as the compensation for the inconvenience, harassment, mental agony and legal expenses caused to the complainant. Therefore, the complaint has been filed praying to grant the following reliefs in favour of the complainant and against the Opposite Party:

1.  the Opposite party be declared guilty of deficiency of services towards the complainant and be directed to pay Rs.50,000/- towards the amount of actual loss suffered,
2. OP be directed to pay additional compensation to tune of Rs.75,000/- towards mental agony, inconvenience caused, harassment and legal expenses faced by the Complainant.
3. OP be directed to bear the Costs of the proceedings;
4. Any other or further relief that this forum may be pleased to grant.

 (6)     The Complainant has also filed copies of warranty card India service Pack, Booklet Nokia Product Safety info (English), Booklet Nokia Product Safety info (Arbi)

(7)      Accordingly, notices were issued to the OPs to defend the complaint before this commission but the OPs neither appeared nor did send any communication despite service of the notice. Since the OPs chose not to appear despite service, have been proceeded Ex-parte.

(8)      The complainant has filed evidence by way of affidavit. The complainant has filed written arguments and led oral arguments also. The OPs have also not participated in the proceedings of oral arguments. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OPs. However, on the perusal of available records, we are of the considered view that the complainant has suffered directly due to deficient service and unfair trade practice on the part of the OPs  in terms of the deficiency defined in the Act which includes any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained in relation to any service and includes any act of negligence or omission or commission by such person which causes loss or injury to the consumer.

(9)      Therefore, we feel appropriate to direct the OP-1 to:-

a.       Pay Rs.32,000/-( Rupees thirty two thousand only)  to the complainant along-with interest @9% from 30-11-2018 till the date of payment within 30 days from the date of receipt of this order;

b.       pay a sum of Rs. 50,000/- (Rupees Fifty Thousand  only)  to the complainant towards the harassment, mental agony, trauma, inconvenience, financial losses and hardship suffered by complainant due to the deficiency in service and indulgence in unfair trade practice.

 

(10)      It is clarified that the aforesaid amount shall be paid by the OP-1 to the Complainant within 30 days failing which OP-1 shall be liable to pay interest @12% per annum from the date of expiry of 30 days period.

(11)    The complainant shall return the product in question, to the OP-1 after receipt of the amount as ordered above. The OP-1 shall also be at liberty to recover the amount as ordered above from OP-2 on pro-rata basis.

(12)    Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

             ASHWANI KUMAR MEHTA                                              HARPREET KAUR CHARYA  

                            Member                                                                                       Member       

                  DCDRC-1 (North)                                                                       DCDRC-1 (North)

 

    DIVYA JYOTI JAIPURIAR        

                                                                                                   President

                                                                                          DCDRC-1 (North)