Mumbai: A district commission has directed Nokia India Private Limited to pay Rs 9,800 (the cost of mobile handset) to a customer. The customer had approached the Commission after the shop from which the mobile was purchased and the Nokia Service Centre could not rectify the problem in the handset.
The Commission directed that the amount, if not paid within 60 days of the order, will incur six percent interest. Additionally, both Nokia Service Centre and Nokia India Private Limited have been asked to pay Rs 5,200 towards mental harassment and litigation cost within 60 days, or else a similar interest will have to be paid.
The order dated October 17, 2022 was passed by R.G. Wankhade, president Preethi Chamikutty, and Shraddha M. Jalnapurkar, members of District Consumer Disputes Redressal Commision, Mumbai Suburban, pursuant to a complaint by Gopal Agrawal, Borivali resident.
He had filed a complaint against Borivali based Femina Telecom and Others (opponent 1), Nokia Service Centre (Opponent 2), and Andheri based Nokia India Private Limited (Opponent 3) when his Nokia Lumia 520 handset had stopped working within a month of purchase in the May 2013.
When his phone started to hang, he showed the handset to the shop. The shop owner stated that there was a virus problem and updated the software. However, the problem persisted. When he went to the shop again, they asked him to approach the Nokia Service Centre. Agrawal even filed a police complaint and he was assured before police that the handset will be repaired.
The June 27, 2013 job sheet prepared mentioned that, "Customer concern phone hands, battery drains within 3 to 4 hours, some time incoming / outgoing voice low, while calling speaker voice listened in mike section, data will get erased in boh memory, H/S taken for testing customer request BL-51-300907."
As per commission order, Service Centre returned the handset but the delivery note did not make a mention that it was repaired. The Commision then asked that Nokia India Pvt. Ltd. be made a party and a fresh complaint be filed in 2019 that resulted in the above order.
During the second round of hearing, the Commission observed that the mobile started to have problems within one month of its purchase. It was given for repairs but the problem could not be solved. It stated that from this it seems that there is a problem in the making of the mobile and opponent three is responsible for it.
It found no deficiency in service by Femina Telecom because mobile was functioning at the time of purchase and it has stated about its limited responsibility in the bill that in case of any problem in the handset or warranty, Nokia is responsible.
The Commission also observed that inappropriate behaviour was shown by the Service Centre as it was returned without resolving the problem and if it could not have been repaired, Service Centre should have brought this to the notice of Nokia India and ensured that a new handset is given. Hence finding deficiency in service, it gave relief to the complainant.
