The Consumer Disputes Redressal Commission, Thrissur, has ruled in favor of a complainant against Nokia Mobile Company Ltd. and its dealer over a defective phone and inadequate redressal.
In a landmark decision reinforcing consumer rights, the Consumer Disputes Redressal Commission, Thrissur, has ruled in favor of a complainant who took legal action against Nokia Mobile Company Ltd. and its authorized dealer, Kannan’s Digital Trends. The case involved the sale of a defective mobile phone and the failure of both the dealer and manufacturer to provide effective redressal.
Case Background: A Faulty Phone and Failed Repairs
The complainant, Sunil Kumar, purchased a Nokia 2TA 1011 DS mobile phone for Rs.6,700 from Kannan’s Digital Trends, an authorized Nokia dealer, on June 29, 2018. The device, which came with a one-year warranty, began experiencing software malfunctions shortly after purchase and became completely inoperable within days.
Despite multiple repair attempts at Thrissur Mobile Care service center on July 30, August 11, and September 22, 2018, the issue remained unresolved, leaving the complainant frustrated and without a functioning phone.
Legal Action Under the Consumer Protection Act
Faced with the unwillingness of both Nokia Mobile Company Ltd. and Kannan’s Digital Trends to address the issue adequately, Sunil Kumar filed a case before the Consumer Disputes Redressal Commission, Thrissur, under Section 12(1) of the Consumer Protection Act, 1986. He sought a refund for the defective phone and compensation for mental distress caused by the ordeal.
The Commission identified key legal questions for deliberation:
- Was the mobile phone afflicted with a manufacturing defect?
- Did the manufacturer and dealer engage in unfair trade practices and deficiency in service?
- Was the complainant entitled to a refund and compensation?
Verdict: A Manufacturing Defect Confirmed
The Commission found that the mobile phone’s recurring software failure (“416 Start-Up-SW-Failure-Reflash”) during the warranty period clearly indicated a manufacturing defect.
Nokia’s defense—alleging that the defect resulted from misuse by the complainant—was dismissed due to lack of counter-evidence to support the claim. The Commission stated:
“The recurring fault demonstrated by the mobile phone, that too within a few days of its purchase, establishes that it was afflicted by a manufacturing defect.”
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Unfair Trade Practices and Deficiency in Service
The Commission also held Nokia and Kannan’s Digital Trends accountable for their failure to provide adequate after-sales service. It emphasized:
“There is no need for a new mobile phone to be visited at the service center several times within a short span of time after purchasing, unless the instrument itself is defective.”
The court further criticized the role of the dealer, stating:
“The dealer is not a mere cash collection center, whose duties and responsibilities end with the sale of a product to the end-user. The dealer cannot treat the consumer as a mere ‘cash cow’.”
Kannan’s Digital Trends was found to have failed to cooperate with Nokia to resolve the matter, further compounding the distress caused to the consumer.
Compensation and Penalty Imposed
Taking into account the mental distress and inconvenience suffered by Sunil Kumar, the Consumer Disputes Redressal Commission ordered Nokia and Kannan’s Digital Trends to pay:
- Rs.6,700/- as a refund for the defective mobile phone.
- Rs. 5,000/- as compensation for mental distress.
- Rs. 5,000/- as litigation costs.
- 9% per annum interest on the total amount from the date of filing the complaint.
Compliance Timeline and Consequences for Non-Compliance
The Commission directed Nokia and Kannan’s Digital Trends to comply with the order within 30 days. In case of non-compliance, further legal action would be initiated against them.
Key Takeaways for Consumers
This ruling highlights the importance of consumer rights protection and sends a strong message to manufacturers and dealers engaging in unfair trade practices. Consumers are encouraged to assert their rights and seek legal recourse in cases of defective products and inadequate customer service.
The decision serves as a precedent for holding manufacturers and sellers accountable, ensuring that consumers receive fair treatment and proper redressal in case of faulty goods or services.
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