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IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:SUNDARGARH-I
CONSUMER COMPLAINT CASE NO.101/2009.
Sanjay kumar Sahu,
S/o: Prahalad sahu,
R/o: Nuapada,Sundargarh Town,
Ps: Town,Dist: Sundargarh,Orissa. ………………………..Complainant.
Versus
1. Nokia India Private Limited,
2nd Floor ,commercial Plaza,
Redisson Hotel N.H.8,Mahipalpur,
New Delhi- 110 037.
2. Propritor,
Maya Music Centre,
Govt. Bus stand Chowk,sundargarh town,
Ps: Town, dist; Sundargarh, Orissa…………………………….Opp. Parties.
Counsel for the parties:-
For the Complainant Sri. Tarakant Raxa, Adv. & Ors.
For the Opp .Party No-1 Sri R.K.Nanda, Adv. & Ors.
For the Opp .Party No-2 Ex-parte
O R D E R Dated : 16.11.09
Md. Inclab Ummar, President:-
Deficiency in service is the complaint of the complainant.
1. In brief the case of the complainant is that he had purchased one Mobile set of Nokia make 3610 bearing No. IMEI 356785023309541 from the O.P.No.2 on dt.14.01.09. The said mobile set started giving problem for which the complainant gave the same to O.P.No.2 on dt.06.05.09 for repair which was within the warranty period. The said mobile set was returned to the complainant after its repair by O.P.No.2. In spite of the repair after a couple of days the mobile set went out of order for which the complainant again approached the O.P.No.2 for replacement of the same but the O.P.No.2 expressed his inability in
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helping the petitioner rather advised him to take the shelter of Consumer forum for which the complainant has filed the instant dispute case with a prayer for a direction to the O.Ps to replace the new mobile set against the defective mobile set and to pay Rs.20,000/- as compensation for harassment.
2. After receipt of the notice from this District forum the O.P.No.2 neither appeared nor filed the written version for which O.P.No.2 is set ex-parte.
The O.P.No.1 appeared through its learned advocate and submitted the written version wherein it has been stated that as regards the replacement of the hand set the refund/replacement of hand set does not falls in its ambit. The complainant purchased the hand set which at the time of purchase was free from any mechanical defect or even any fault in its material designs and workmanship and satisfactory used it without facing any defect in the hand set. Hence the complainant in the grab of this false complaint petition wants to Black mail the O.P by way of extract money from the O.P. Further the damaged for a sum of Rs.20,000/- claimed towards harassment and mental agony and prayed for the dismissal of the case.
3. Heard the learned advocate appearing for the complainant and O.P.No.1 perused the documents as filed by the parties in their support. We have gone through the case in detail. It is not disputed that the complainant purchased a Nokia mobile hand set from the O.P.No.1 on payment of Rs.6,990/- on dt.14.01.09 and the mobile set of the complainant started giving problem after five months of its purchase for which the complainant sent the same to O.P.No.2 its repair which was within the period of warranty and after repair it was returned to the complainant but after few days of its use the said mobile set again out of order for which the complainant again approached the O.P.No.2 for replacement of the same as the set was defective but the O.P.No.2 expressed his inability in help the petitioner. The complainant has also submitted the serviced job sheet of dt. 06.05.09 and dt.06.07.09. But the defective of the set of the complainant was not rectified for which in our opinion,it needs replacement.
4. Thus under the circumstances we direct the O.P.No.1 to replace a new and defect free mobile set of the same model set of the complainant. The O.P.No.1 is further directed to pay Rs.10,000/- (Rupees ten thousand) only as compensation for harassment and
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Rs.2,000/- (Rupees two thousand) only as litigation cost to the complainant within 30 days from the date of receipt of this order, failing which the awarded amount would carry interest at the rate of 12% per annum from the date of receipt of this order till the date of actual payment.
The case is disposed off accordingly.
Complainant is allowed.
Md. Inclab Ummar
1. S. Patel, lady Member, I Agree. President
2.S.Choudhury, Member, I Agree.
Tags: NOKIA India