DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
MAHARANA PARTAP BUS TERMINAL: 5th FLOOR.
KASHMERE GATE DELHI – 110 006
CC No. 389/2014
Shambhu Parsad Aggarwal
S/o Late Sh. Kanhaiya Lal Aggarwal
R/o Gram Post Bakhri Baar,
Distt. Begu Sarai,
BIHAR ..........Complainant
Versus
- Vaishno Electronics Pvt. Ltd.
Authorized dealer of M/s Nokia Mobiles Ltd.
131, MCD Market,
Karol Bagh,
New Delhi – 110 005.
- Sh. M S Gultai
90, Bhagat Singh Market,
Near Gol Market
Karol Bagh,
Delhi – 110 005
- Nokia Solutions and Networks Pvt. Ltd.
Green Boulevard B-9, Tower A Sector 62
NOIDA – 201 307 ..........Respondent/OP
ORDER
Per Sh. Rakesh Kapooor, President
On 23.12.2008, the complainant had purchased a Nokia N-79 mobile hand set from OP-1. It is alleged by the complainant that on 15.12.2009 while in Calcutta, he had encountered problem in the mobile phone and had taken it to a service centre in Calcutta. The complainant has alleged that the service centre in Calcutta did not repair the handset and had directed him to approach a service centre in Delhi for repairs. The complainant thereafter, visited the Nokia Service Centre in Delhi on 21.12.2009 as well as on 23.12.2009. The handset was, however, not repaired. He complainant was directed to visit again. He had then visited the service centre on 23.4.2010 and had also lodged a written complaint on 18.6.2012. He had also visited the centre on 15.12.2012 but the handset was not handed over to him after repairs or otherwise. It is still lying with the service centre . Hence the complaint.
A copy of the complaint was served upon the OPs by registered post on 26.11.2014. The OPs had been chosen not to contest the complaint and had proceeded with exparte. In his exparte evidence, the complainant has filed his own affidavit.
We have heard arguments advanced at the bar and have perused the record.
The complainant has placed on record a copy of the invoice dated 23.12.2008 showing the purchase of handset from OP-1. He has also placed on record a job sheet showing that the hand set had been taken to Nokia Customer Care Centre on 15.12.2009 and was deposited there. It is the case of the complainant that the handset is still lying with the customer care centre and the same had not been handed over to him despite various letters written in this regard. Since no explanation has come from the side of the OPs, we are convinced with the story put forth by the complainant. The hand set which was purchased on 23.12.2008 had become faulty and had been deposited with the Customer Care Centre on 15.12.2009. The complainant had visited the Customer care centre on various dates but the handset has not been received back by him. He had last visited the customer care centre on 15.12.2012. We therefore, hold that the OPs were deficient in rendering service to the complainant and direct them jointly or severally as under
- Pay to the complainant the cost of handset i.e. a sum of Rs.18,800/- (Eighteen Thousand Eight Hundred Only) alongwith interest @ 10% from the date of institution of these complaint i.e. 25.11.2014 till payment.
- Pay to the complainant a sum of Rs.5000/-(Rupees Five Thousand only) as compensation for pain and agony which will also include the cost of litigation.
The above amount shall be paid by the OPs to the complainant within 30 days from the date of this order failing which OPs shall be liable to pay interest on the entire awarded amount @ 10% annum from the date of this order till the date of payment. If OPs fail to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986.
Copy of the order be made available to parties free of cost as per law.
File be consigned to R/R.
Announced in open sitting of the Forum on_____________
( S N SHUKLA ) ( RAKESH KAPOOR )
MEMBER PRESIDENT
