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| DCF directs Nokia India to provide brand new Mobile set to petitioner | | | Early Times Reporter
Jammu | June 11
Allowing the complaint filed against Nokia India Limited New Delhi, the Divisional Consumer Forum (DCF) Jammu, comprising SL Pandita its President and Minu Sharma, its member, has directed the company to provide a brand new Nokia Mobile set of the value of Rs 9700 to complainant within two months.
This order was passed in a complaint filed by one Amrik Singh Sawhney in which he submitted that he had purchased Nokia Mobile set model 6600 imported by Nokia India Pvt limited New-Delhi from the authorized dealer photomax, Gandhi Nagar Jammu on January 26, 2006 for Rs 9700. The set carried warranty of 12 months from the date of purchase. The mobile set developed defect during the warranty period in the last week of November, 2006. The defect was brought to the notice of dealer who directed the complainant to approach service center. The complainant took the set for rectification of defect to Nokia Care Center Talab-Tillo Jammu who inspected the mobile phone and retained the same with an assurance that the same shall be returned in a working condition after repairs within 15 days. A job card was issued. After lapse of 15 days the complainant went to collect his mobile set from Nokia Care Center but was told by respondent that the same has been sent to Chandigarh for repairs and shall take one week more. After a period of one week respondent told that the set was still lying at Chandigarh and has not been received back. According to the complainant on each date he was avoided on one pretext or other pretext and ultimately on January 16, 2007 the complainant approached the Nokia Care Center to get his cell-phone back was told that the cell-phone could not be repaired and offered an inferior repaired phone set of lesser value to the complainant. The complainant declined the offer and asked to either replace his cell-phone with a brand new set or in the alternative return the money. According to the complainant upon this technical in charge is reported to have become violent has tried to misbehave with the complainant, faced with the above situation, the complainant has approached this forum.
DCF, after hearing Adv Monish Sharma appearing for the complainant and Adv RS Lalhotra appearing for the Nokia India Pvt limited, observed that the ground that handset on being examined by the technical engineer at Chandigrah found to be physically damaged apparently is a plea which cannot be accepted. If the set in question would have been found to be physically damaged, the service center could not have received or accepted the set from complainant. The physical damage to the set could have been noticed by Service Engineer on the date when the set in question had been taken to Service Center Jammu by the complainant and faults reported and recorded in the job-sheet. In the conclusion of the matter, Forum further observed that the respondents having indulged in the deficiency of service, the complaint is allowed and directed Nokia India Pvt New Delhi to provide a brand new set, failure to comply with the directions would entitle the complainant to get the amount of Rs 9700 along with interest @ 6% PA. The complainant has also been held entitled for litigation expenses of Rs 2000 as the litigation has been forced upon the complainant by Nokia Care Center Jammu and Nokia India Pvt Limited New-Delhi. JNF |
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