Presented by Miss B.L. Dora, Member:-<br /> <br /> In this case the Complaint petition reflects that, the Complainant is a businessman purchased a Nokia Hand-set Mobile from the Opposite Party No.2(two), vide Model No.3250 bearing I.M.E.I. No.351894011860955, at the rate of Rs.13,650/-(Rupees thirteen thousand six hundred fifty only) on Date 16/04/2007, for his personal use.<br /> The Opposite Party No. 4(four) is a Company dealing with this product and it's marketing business has appointed dealers in different parts of Odisha. The Opposite Party No.1(one) is a dealer of Opposite Party No.4(four) & Opposite Party No.3(three) is the authorized Care Centre of the said Company. To promote the larger sale of the said product the Opposite Party No.1(one) appointed the Opposite Party No.2(two) as his Sub-dealer for the purpose of selling product on behalf of him.<br /> <br /> At the time of purchase, the Opposite Party No.2(two) assured the Complainant for good service of the said handset and remaing defects free of charge within the Warranty period.<br /> <br /> The said Mobile set caused defect on Dt. 18/02/2008 & the Complainant made complaint before the Opposite Party No.1(one) for removing of the defect & on advice of the Opposite Party No.1(one), the Complainant has deposited the said defective handset before the Service Centre, i.e. Opposite Party No.3(three).<br /> <br /> The said Mobile set was returned to the Complainant on Dt. 25/02/2008 on receiving Rs.800/-(Rupees eight hundred)only for service charge for the removal of defects is illegal one because, the mobile is being defective during it's Warranty period. This is the violation of Warranty rule by the concerned Company. In spite of taking service charge, the disputed hand set was returned to the Complainant without removing any defect & badly tempered.<br /> <br /> Again this handset was deposited before the Opposite Party No.3(three) to remove defects but the Opposite Party No.3(three) returned the same on Dt. 31/05/2008 & mentioned in his chart that the said handset has been water damaged, no back light display, Camera and Music Player not open, is illegal. This act of the Opposite Parties amounts to deficiency in service. The Opposite Parties are violating the terms and conditions of the warranty, issued by the Company. On the other hand, the Complainant suffered loss, damage and mental pain and agony without getting any benefit or utility by this illegal act of the Opposite Parties.<br /> <br /> The Complainant prayed for Rs. 30,000/-(Rupees thirty thousand)only for loss and damage, Rs.50,000/-(Rupees fifty thousand)only for mental pain and agony, Rs.800/-(Rupees eight hundred)only for receiving of illegal service charge, Rs. 5,000/-(Rupees five thousand)only for litigation charges and price of the said Nokia Hand Set Rs. 13,650/-(Rupees thirteen thousand six hundred fifty)only with other equitable relief.<br /> <br /> The cause of action for this case arosed on Dt.31/05/2008, when the Opposite Party No.3(three) returned the said hand set.<br /> <br /> The case is filed on Dt.03/06/08. S.R. back from Opposite Party No.1(one) and No.3(three) on Dt.10/07/2008 and the case is posted for appearance and version by the Opposite Parties. But the Opposite Parties did not appear or filed version till Dt.08/08/2008 before the Forum. Hence, on the very day all the Opposite Parties set ex-parte and the case is posted for ex-parte hearing.<br /> <br /> Heard from the counsel of the Complainant and perused the documents, it is verified that the said Mobile Phone caused defect within it's warranty period. Here the Opposite Parties are failed to contest or challenge the genuineness of the case. Service Job Sheet No. 15885 issued by Nokia Care Centre shows that the service charge is demanded within the warranty period.<br /> <br /> Hence, here the Opposite Parties are deficient and neglect in providing of proper service to the consumers. The taking of service charge within free service period is alos illegal and violation of service condition.<br /> <br /> In these circumstances, the Complaint petition is allowed.<br /> <br /> -: O R D E R :-<br /> The Opposite Parties are jointly and severally directed to pay the Complainant Rs. 13,650/-(Rupees thirteen thousand six hundred fifty)only as the price of the said Mobile handset, Rs. 800/-(Rupees eight hundred)only for the taken of service charge and Rs. 3,000/-(Rupees four thousand)only as compensation for mental agony with litigation expenses within one month from the date of Order failing of which 18%(eighteen percent) interest per annum shall be imposed on the total amount awarded.<br /> <br /> The Complainant is directed to handover the defective Nokia handset to the Opposite Party No.2(two), on receiving of the amount ordered by the Forum.<br /> <br /> The case is disposed of.<br />