Civil Procedure Code (CPC)

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sreenath cochin (advocate)     12 November 2011

Consumer protection

my name is sreenath.i have purchased nokia mobile phone (c7) on 3rd sep 2011.within 2nd week itself,its headphone become complaint.i contacted nokia care center.they replaced it.then began problem of overheating.i again contacted nokia care center.they updated software twice.but didnt get the problem solved.so they send the handset to delhi.i asked them for replacement.but they said that if the complaint is repairable,then there will be no replacement of handset as a whole.i contacted nokia customer care several times.they also gave me same reply.when handset is returned after service,they said that motherboard of handset has been replaced.and imei number has changed.the worst part of the story is next.the phone was looking new when i gave it in nokia care center for service, but when it came after replacement of motherboard, the phone had a lot of scratches and it was looking like an old handset.i asked them for rplacement .but they didnt agree.my question is that whether i can file a complaint praying for replacement and compensation.i have all the relevant documents.will i succeed in court??.shall  i hire a lawyer or can i do it myself?if i do it myself ,will it be a problem if i make a mistake in preparing complaint?whether that mistake in complaint will be a reason for rejecting my claim???



 11 Replies

DR.SANAT KUMAR DASH (Eye Specialist)     12 November 2011

Dear   sreenath,  You   can  file   a  Petition  before  the   District  Consumer  Disputes  Redressal  Forum,  Cochin  for  the  remedies.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 November 2011

Dear Srinath

no need to hire any advocate if you think that you are capable to fight yourself.

1 Like

Naveen Kumar (service)     12 November 2011

Yes, U vl get relief if you approach the same to court, you  can contest the case if you know the procedure and it's depend your capability.  It's no doubt consumer court office staff will provide the complaint format if you approach them.  Your complaint is as usual problem of NOKIA  

1 Like

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     12 November 2011

Dear   sreenath,  You   can  file   complaint  before  the    Consumer  Disputes  Redressal  Forum, praying for new replacement+ mental agony.

Get ur complaint + affidavit  of clam checked by experienced person. no need for lawyer, but shd cover up essentials to get relief

1 Like

Kumar Doab (FIN)     12 November 2011

Kindly supply a detailed complaint in writing by letter/email to Nokia and mention that you shall be constrained to approach institutions of public/social/legal/consumer forums, NGO's, courts of law at their cost and consequences, if your demand e.g................................ is not met.

You can search for the past consumer forum decisions against the company at:

CONFONET

and may even attach some of them and may mention that you are of the opinion that Nokia is a habitual offender and you shall request and has been committing same offense again and again despite getting penalized by courts of law and therefore Indian Courts should award an exemplary punishment this time.

vikas mishra (ADVOCATE)     12 November 2011

Hi All I would like to know is notice a mandatory requirement before filing any complaint in the consumer forum can any body give me any case law regarding this

thanks

vikas

J. P. Shah (RTI & CONSUMER ACTIVIST)     13 November 2011

A notice should be issued detailing problem and entire episode. No need of advocate, you can send it in your name only. Make a claim for replacement and compensation for inconvenience etc to be paid in 30 days of receipt of notice. Send notice to Nokia and its dealer from whom you have purchased.

In addition to this you can approach District Collector and Chairman, District Consumer Protection Council of your place to help you in addressing your consumer problem. You can google search for such concil address of your district.

1 Like

J. P. Shah (RTI & CONSUMER ACTIVIST)     13 November 2011

It is also advisable to take help of NGOs who work for consumer protection and their charges are minimul. They help you through out issue. You can search google for NGOs at Cochin. You can also post on TV channels [pahredar programme of cnnibn etc] who help solve consumer problems. I have one address as under. It is approved by TRAI

 

Kerala Consumer Service Society
'NANDNAM'
Ranadive Road,
Edapally,
Kochi- 682024, Kerala 

TRAI/CO/NGO/12/2001 – NO

26.9.2001

Dr. T. Balachandran 
President 
Tel:(0484)-2330170 ,
Mob:09446473688
E-mail:balachandt@bsnl.net

1 Like

Kumar Doab (FIN)     13 November 2011

It is believed that notice is not mandatory. However if notice by self or legal notice is given it has its own advantage and adds weight and force.

Learned Mr. Shah has given valuable advice. Kindly follow it. It is believed TRAI approved NGO's attend to complaints related to telecom operator's deficiencies in service/unfair practices.....It is seen in some of the issues forwarded to such NGO's, that many of the NGO's themselves, recommended to lodge a complaint with consumer forum's.

Chairman, District Consumer Protection Council and TV channels [pahredar programme of cnnibn etc] may be of better assistance and help, to get the replacement and may not be able to get you the compensation.

If IMEI number has been changed you can ask NOKIA to issue certificate to this effect, and if is required by rules/law they may update it on the bill under original seal and signature along with a letter to this effect.

Majority of the companies on receipt of the detailed complaint and intervention by resourceful entities may succumb to replace, however do not compensate for the mental agony/harassment.

In your detailed complaint you may describe cost of each visit ( describe kilometers etc), phone calls, professional/personal hours spent, emails, letters (typing charges etc) etc and demand refund. If you have any bills keep them safe.

You seem to have a good case.

1 Like

Om Prakash Dhusia (HR assistant)     15 November 2011

Dear all the learneds with apologies for talking very different with prevailing situations in India. Though many things look better on paper but when individual involves with any redressal forums he comes across the intricacies involved with it. Though it may be as I am living in a very divergent state where nothing works without palming the hands of power that be. I had a problem with Canara Bank at Lucknow on some of my deposits under Kamdhenu scheme and later on reverted to District consumer forum where though everything was decided in my favor but the Forum's order I could receive only after bribing them Rs. 15000/-. The case was decided in the year 2009 and since then I have been waitng for its execution.

RC was issued after hectic efforts but now if I bribe TEHSILDAR then only he will move forward to initiate any action on RC though orders from District Magistrate have already been issued to him but it is lying in the files since two months and may someday vanish from his office. My claim is between Rs.9 lakhs. Unless and untill I do not grease palm of Tehsildar I will not be able to receive my dues and that is at the minimum 10% of the total amount.

Any suggestions please.

1 Like

sreenath cochin (advocate)     03 December 2011

thnx for all the threads


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