Nokia India has recently received a beat from the legal side. The leading mobile manufacturer was found guilty of indulging in unfair trade practice. A complaint was registered by Delhi resident Rohan Arora at the South-II District Consumer Disputes Redressal Forum. The forum has ruled in favor of the complainant after finding Nokia India guilty. Nokia India was ordered to pay Arora Rs. 67,000 for selling him a defective phone and failing to repair the device or refund the cost.

Backdrop of the case

Rohan Arora had purchased a Nokia E 90 communicator in July 2007 for an amount of Rs.37,000. He had noticed poor audio quality with incoming and outgoing calls which he reported to the company. He took the phone to repair in September 2007. The Company then failed to repair it or provide the refund money to Arora. Luthra Communications, the retailer from which Arora purchased the mobile was also held guilty of indulging in unfair trade practice.

The verdict

The bench presided over by MC Mehra was quoted saying “"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. “. As per the findings, Nokia or retailer did not try to resolve a genuine request of the complainant. The consumer court also asked the guilty parties to pay Rs 67,000 including Rs 37,000 for the handset cost, Rs 25,000 as compensation for supplying a defective good and Rs 5,000 qua the cost of the proceedings."

Arora had initially returned the handset to Nokia in 2007 to have it repaired or replaced. He claims that the handset with defect was replaced with an old device. Arora also informed the court that Nokia India refused to refund the money upon his complaint regarding the same. The company representative appeared before the forum only once and therefore the case against the company was carried out ex-parte.

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