Woman gets Rs12,000 as damages for defective cell

DC CORRESPONDENT
Published Apr 20, 2015, 11:33 am IST
Updated Mar 29, 2019, 10:23 am IST
The petitioner approached the consumer forum as the retailer had not returned the cellphone
Representational Image
 Representational Image
Chennai: The state consumer disputes redressal commission, Chennai, has directed a cellphone manufacturing major and a cellphone retailer to pay a compensation of Rs12,000 to a woman for selling a defective cellphone. The petitioner approached the consumer forum as the retailer had not returned the cellphone which was given for repair.Petitioner Seema Praveen of Otteri, Chennai, submitted that she had purchased a Nokia mobile phone from Universal Telecommunications India Ltd, Barracks Road, Chennai, on February 24, 2010. As the keypad was not functioning properly, she handed over the phone to the retailer for repair. The company had neither repaired nor returned the cellphone.
 
She filed a petition before the district consumer disputes redressal forum, Chennai (north). Universal remained ex parte. The cellphone major denied the allegations and stated that the petitioner had not proved the defect. Hence, the firm sought dismissal of the complaint. In August 2011, the district forum directed Nokia and Universal company to pay Rs 4,000 towards the cost of the cellphone with interest at 9 per cent per annum from August 2010. The forum directed the retailer to pay a compensation of Rs 25,000 for causing her mental agony and for unfair trade practice.
 
The forum also directed Nokia to pay her a compensation of Rs10,000 for causing her mental agony. The forum directed both parties to pay her Rs5,000 towards costs. Aggrieved over the order, Nokia and Universal company filed an appeal before the state consumer disputes redressal commission, stating that the district forum had not given any proper reasons to justify the huge compensation ordered and the allegations of unfair trade practice were not established. Hence, the companies sought dismissal of the petition.
 
The bench, comprising presiding judicial member, A.K. Annamalai, and member P. Bakiyavathi, said the mobile phone was neither repaired nor returned to the complainant. Hence, deficiency was established against Universal and Nokia, and they were liable to pay compensation. The bench, however, reduced the compensation from Rs44,000 to Rs12,000.
 
The bench directed both companies to pay her Rs 7,000 towards the cost of the cellphone and litigation. The bench directed Universal company to pay her Rs5,000 compensation for causing her mental agony. Both parties were jointly and severally directed to pay only a sum of Rs3,000 as cost in six weeks.
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Location: Tamil Nadu




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