pardaphash; NEERAJ jOSHI :8TH NOV 2012 ;
New Delhi: Consumer forum in land mark judgement have directed Nokia India and Spice Retail to refund Rs 11,909 to a customer for selling him a defective mobile phone and its failure to repair it. The East District Consumer Disputes Redressal Forum passed its order on an uncontested affidavit of Delhi resident Susham Lat Bhulania who said that Nokia service centre was unable to rectify the phone defects in time.
In its order, court said, "Contents of the affidavit of complainant (Bhulania) are unrebutted, they cannot be ignored and have to be taken as true regarding defects stated therein and in light of the papers filed in evidence by complainant, it is sufficient for holding respondents guilty of deficiency of service.
"We allow this complaint. The respondents (Spice Retail and Nokia India) are directed jointly and severally to pay the cost of mobile handset which is Rs 11,909. Complainant had been harassed and deprived of the service of the phone which she had purchased for her use. We allow compensation of Rs 5,000 which includes litigation charges," the bench presided by N A Zaidi said.
The bench’s comprising member T Vijayan has directed Bhulania to "handover the defective handset with accessories on receiving the entire amount of cost and compensation."
Bhulania had alleged in her complaint that Nokia E-52 phone, she had bought from Spice Retail for Rs 11,909 had several defects including low charging which could not be cured despite change of charger.
The forum passed ex-parte order as nobody appeared on behalf of Nokia India or Spice Retail despite serving of several notice.
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