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.