NCDRC

NCDRC

RP/1306/2007

JAI PRAKASH MISHRA - Complainant(s)

Versus

NOKIA PVT. LTD. & ANR. - Opp.Party(s)

MR. GAURAV SHARMA

18 Aug 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1306 OF 2007
 
(Against the Order dated 21/03/2007 in Appeal No. 497/2007 of the State Commission Madhya Pradesh)
1. JAI PRAKASH MISHRA
S/O. LATE OF SURMD MISRA RESIDENT OF 146/6.
SHSTI NAGAR
UJJAIN
...........Petitioner(s)
Versus 
1. NOKIA PVT. LTD. & ANR.
H. C. T . IEFENET LE. A. BLOCK GOURAND FLOOR, G, T .
B. ROAD NEW MARKET BHOPAL
M/P
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 18 Aug 2011
ORDER

Complainant/petitioner purchased a mobile model N-70 manufactured by Regional Manager Nokia Private Limited, respondent no.1 herein, from opposite party/respondent no.2 for a consideration of Rs.19,219/- on 04.07.2006.  The said phone was

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under warranty of one year.  However, the said phone stopped functioning from the mid night of 27.07.2006.  Petitioner took the phone to the dealer, respondent no.2 to keep the same with him for repairs, which was kept by him and never returned.  Aggrieved by this complainant filed the complaint before the District Forum.

District Forum allowed the complaint and directed the respondent to replace mobile phone of petitioner with a new one.  Rs.500/- were awarded by way of cost.

Petitioner not satisfied with the order passed by the District Forum filed the appeal before the State Commission, which has been dismissed by the impugned order.

Present revision petition has been filed by the complainant seeking compensation and enhancement of costs.

We agree with the view taken by the State Commission.  The original mobile phone has already been replaced by a new one.  The petitioner is not entitled to any compensation or enhancement of costs.

 

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Even on the second call, counsel for the petitioner is not present.  Dismissed for non prosecution as well as on merits.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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