Delhi

East Delhi

CC/221/2015

VINOD - Complainant(s)

Versus

NOKIA - Opp.Party(s)

16 Feb 2017

ORDER

                  DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         221 /2015

                                                                                                  Date of Institution                 15/04/2015

                                                                                                  Order Reserved on                 16/02/2017

                                                                                                  Date of Order                          17/02/2017  

                                                                                                        

In matter of

Mr. Vinod Sharma, adult   

H N  IX/5629, Gali no. 4

Ajit Nagar, Gandhi Nagar, Delhi 110031..…………………..….Complainant

                                                                  

                                                                     Vs

1-M/s Nokia India Sales Pvt Ltd  

SP Infocity, Plot no. 243,

Udhyog Vihar Phase I,

Dundahers, Gurgaon 122016

 

2- M/s Nokia Mobile Care

Laxmi Communication,

WZ 84, Shakarpur Vihar, Delhi 110092…………..………….……Opponents

 

Complainant ……………………………………………….In Person               

Opponent 1&2 …………………………………………….Ex Parte

 

Quorum                                                                  Sh Sukhdev Singh      President

                                                                                 Dr P N Tiwari              Member                                                                                                   

                                                                                 Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari, Member 

 

Brief Facts of the case                                   

Complainant purchased Nokia X DS Green Mobile phone bearing IMEI 353070061925729 vide invoice no. 21148 on 04/05/2014 from Munjal Store for a sum of Rs 7700/.   

The said mobile developed battery problem so was taken to Mobile care service centre OP2 on 16/03/2015 vide service job sheet no. 7443. OP2 noted battery charging and soft ware problem and noted as mobile out of warranty. Complainant was asked to pay for checking and software charges for which complainant was agreed and put his signatures on job sheet.  

It had been stated that OP2 was calling for getting his mobile repaired, but complainant neither paid the amount nor collected the mobile and told OP2 as his mobile was under warranty.

Complainant was satisfied by the services offered by OP2, filed this complaint claiming refund of his mobile cost Rs 7700/- with compensation of Rs 10,000/- for physical and mental harassment besides litigation charges.  

Notices were served. None put their appearance despite of receiving notices as per tracking record of postal department. Hence, OPs were proceeded Ex Parte. Complainant was asked to submit his Ex Parte evidence, but neither any evidence were filed on affidavit nor put his appearance on the dates of proceedings and on the date of argument. His original complaint was also not filed with attested affidavit.

We have gone through all the facts and evidence of case. It was seen that the said mobile had developed charging problem of battery and software issue after six month which were not a manufacturing defects and does not fall under warranty, so OP2 asked for their charges. Neither charges were paid nor were evidences filed by complainant. There was no allegation against OP1.  

Thus, we come to the conclusion that this complaint is devoid of any merit, hence dismissed without any order to cost.  

 

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

(Dr) P N Tiwari Member                                                                           Mrs Harpreet Kaur Member  

                            

                                                 Shri Sukhdev Singh  President