Nokia India has been directed by a city district consumer forum to pay
Rs. 67,000 to one of its customers for selling him a "defective" cell
phone and then failing to repair it or refund its price.
The South-II
District Consumer Disputes Redressal Forum held Nokia guilty of
indulging in unfair trade practice for selling a defective phone and
then failing to repair it or refund its price since September 2007 when
it was first taken for repairs by Delhi resident and complainant Rohan
Arora.
The forum also held retailer Luthra Communications guilty of resorting to unfair trade practice.
"When
the complainant (Rohan Arora) left the defective piece of good to its
manufacturer, it was incumbent upon it either to remove its defect to
satisfaction of the complainant or to refund its (mobile's) amount with
interest. But opposite party 1 did not bother to resolve such genuine
request of the complainant.
"Hence we hold both the opposite
parties (Nokia and the retailer) guilty for gross deficiency in service
and unfair trade practice and direct them to jointly and severally
refund the amount of the handset amounting to Rs. 37,000 and to further
pay a compensation of Rs. 25,000 for supplying a defective good and
thereafter not replacing the same or to remove its defect to his
satisfaction.
"They shall also pay a sum of Rs. 5,000 qua the cost
of the proceedings," the bench presided by M C Mehra said. Arora in his
complaint had alleged that the phone, a Nokia E 90 Communicator bought
in July 2007 for Rs. 37,000, had poor incoming and outgoing audio right
from the beginning.
He had returned the mobile to Nokia in
September 2007 to replace it or repair the defect, he had said adding
that the handset was replaced with an old instrument which also had the
same problem.
He had also alleged that Nokia flatly refused to
refund the cost of the phone. Nokia was proceeded against ex-parte as it
had appeared only once before the forum.
Source: NDTV
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