District
: Kolkata.
Before
the Hon’ble District Consumer Disputes Redressal Forum, Kolkata, Unit – I.
Complaint Case no. C.C. no. 476 of 2013.
In
the matter of :
Miss
Priyanka Halder,
________Complainant / Applicant / Petitioner.
-
Versus –
M/s.
Nokia India Private Limited, and others.
________Respondents / Opposite Parties.
EVIDENCE
ON AFFIDAVIT
AFFIDAVIT
Affidavit
of Shri Supratik De, Son of B.K. De, aged about __________years, by faith
Hindu, by Occupation Advocate, practicing at Alipore Criminal Court, 6, Baker
Road, Alipore, Kolkata – 700 027,
District – South 24 Parganas.
I,
the above deponent do hereby solemnly affirm and declare as under :-
1.
That I am thoroughly conversant with
the facts and circumstances of the present case and am competent to swear this
affidavit.
2.
That I say that Miss Priyanka Halder,
Daughter of Shri Debasish Halder, aged about 28 years, by faith Hindu, by
Occupation Advocate, residing at premises being no. 1/1, Sankar Bose Road,
Kolkata – 700 027, Police Station - Chetla,
District – South 24 Parganas, is my junior and practicing under me since
December’ 2012.
3.
That I say that as I know that though
Mobile has been repaired and corrected by the Service Center M/s. A N MOBILE
TELECOM PVT. LIMITED, having it’s office at premises being no. 173, S.P.
Mukherjee Road, Mudiali, Police Station – Tollygunge, Kolkata – 700 026,
District – South 24-Parganas, the mobile handset ( i.e. NOKIA 311 ASHA ), did
not work properly and the different problems has been observed by my junior at
the time of use of such mobile handset, and thus She visited the said Service
Center on several occasions as enumerated below herein :
a)
Job Sheet No. 293504886 / 130302 / 19,
dated 2nd day of March’ 2013.
b)
Job Sheet No. 293504886 / 130418 / 35,
dated 18th day of April’ 2013.
c)
Job Sheet No. 293504886 / 130523 / 47,
dated 23rd day of May’ 2013.
4.
That I say that due to such harassments,
She wrote a letter dated 3rd day of May’ 2013, to the Respondent /
Opposite Party no.1, M/s. Nokia India
Private Limited, having it’s Office at Flat no. 1204, 12th Floor,
Kailash Kasturba, Gandhi Marg, New Delhi – 110 001, stating inter alia the
facts of her sufferings, requesting therein to replace the said defective
Mobile Handset “ NOKIA 311 ASHA”, with the new one, which has been served
through Speed Post.
5.
That I say that thereafter the said
Service Center M/s. A N MOBILE TELECOM PVT. LIMITED, having it’s office at
premises being no. 173, S.P. Mukherjee Road, Mudiali, Police Station –
Tollygunge, Kolkata – 700 026, being the respondent no.3, call my junior, and
whereas She visited to the said Service Center of NOKIA, as on 10th
day of June’ 2013, and whereas the said Service Center, replaced the said
Handset with the New one Handset of the same product as NOKIA 311 ASHA, having
Model no. 311, IMEI No. 359330043009891, on depositing and having the said
Mobile handset having IMEI Number as 354595059335415, from her, and assured
that the new Handset will work properly and apologies for inconvenience caused
to her, and endorsed about the replacement of the said Mobile handset on the
Purchased Invoice.
6.
That I say that again my junior
discovered the identical problems in New replaced Mobile handset “ NOKIA 311
ASHA”, and thus She wrote a letter to the Respondent / Opposite Party no.1,
herein, stated inter alia requesting for refund of money and or value of the
said Mobile handset “ NOKIA 311 ASHA”, since the said Mobile handset is a
defective mobile handset and not working in a proper manner, and She suffered
with much hazardous in operating of such mobile handset, vide her Letter dated
3rd day of July’ 2013, served through the Speed Post.
7.
That I say that as per my knowledge Lastly
on 6th day of July’ 2013, the said Mobile Handset ( i.e. NOKIA 311
ASHA), stopped working in any manner, and thus I visited the Service Center
M/s. A N MOBILE TELECOM PVT. LIMITED, having it’s office at premises being no.
173, S.P. Mukherjee Road, Mudiali, Police Station – Tollygunge, Kolkata – 700
026, and deposit the said Mobile set with them and whereas the said Service
Center issued one receipt as JS No. 706 / 44, Branch Mudiali, Dated 6th
day of July’ 2013, along with one Job Sheet No. 293504886 / 130706 / 44, dated
6th day of July’ 2013, as they are in opinion to send such Mobile
handset to Delhi Office for repair and or replace as may be advise by their
head office of the Manufacturer, being the Respondent / Opposite Party no.1,
and given one Stand by Mobile handset vide Model no. X – 2, Battery – BL – 4C,
for the use till the reaches of such decisions of the Respondent / Opposite Party no.1, herein.
8.
That I say that as per my knowledge
concern from the beginning of the purchased of the said Mobile Handset ( i.e.
NOKIA 311 ASHA ), my junior being the petitioner / applicant in the present
proceeding suffering a lot in a different manner and pretext, as to visit the
Service Center, loss of time, loss of professional job, loss of data saved in
such Mobile set, loss of several calls of Clients, loss of calls of Senior
Advocate, loss of Calls of friends and relatives, and loss of calls of my
mother illness and others. And whereas due to such defective mobile set I
suffered with mental agony, inconvenience, and loss of money due to loss of
calls of client and loss of professional job, due to loss of call of Senior
Advocate, and others.
9.
That I say that as per my knowledge
concern She assessed such losses as to the tune of Rs. 2,00,000/- ( Rupees Two
Lakhs ) only, and entitled to get such amount of losses, which has been
occurred only due to the defective Mobile Handset ( i.e. NOKIA 311 ASHA ),
provided by the Respondents herein.
10.
That I say that the Mobile is a
necessity to her, as to have track with the Clients and with the Learned Senior
Advocates, in her professional work, and also urgent to her in the event of the
connection with her family members and friends, and whereas such defective
Mobile handset ruined her profession and relationship with friends, clients,
and Senior Advocates, and for such reasons alone She got frustrated and
suffered immensely in several aspects in sever manners and others.
11.
That I say that in the facts and
circumstances, She seeks to get refund of the money, being value of the said
Mobile Hand set, which has been paid by me as on 15th day of
December’ 2012, to the Respondent / Opposite Party no.2, herein, so that on
receipt of such amount of the said mobile hand set, She can purchase the new
mobile set of another manufacturing company, as Samsung, LG, and others, at her
choice, as to bring the convenient steps to connect with necessary people
related to her profession and of the Social contacts.
12.
That I say that She have no desire to
use the standby mobile set which has been provided by the Service Center of the
NOKIA, and would like to deposit with them and or return to them such stand by
mobile set on receipt of the money and or value of the said Mobile Hand set,
which has been paid by her as on 15th day of December’ 2012, to the
Respondent / Opposite Party no.2.
13.
That I say that She had suffered a lot
in several manner and aspects and loss so many things and suffered with
frustration as well as monetarily loss, at the instances of the Respondents /
Opposite Parties, and therefore do not
want to continue with any mobile handset of NOKIA company.
14.
That I say that She is a victim of the
purported acts and deficiency in services at the instances of the opposite
parties and the acts of the opposite parties as well as the facts are well
constitute the deficiency in services on the part of the opposite parties.
15.
That I say that the respondents / opposite
parties, shall also pay the compensation due to her for the harassment,
troubles, physical inconvenience and mental agony arising directly out of the
breach of duty on the part of the respondents / opposite parties. She assesses
such loss and damages at Rs. 5,00,000/- ( Rupees Five lakhs ) only.
16.
That I say that the purported activities of
the respondents established deficiency in services, which is contrary to the
Law.
17.
That I say that from all of the statements
made above, it is clear that the opposite parties are guilty of deficiency in
service as meant in the Consumer Protection Act.
18.
That I say that She prays for the
following relief and directions before the Hon’ble Forum, as She entitled to
get in accordance with the Law :
i)
To direct the opposite parties /
respondents to refund the money and or value of the Mobile Set ( i.e. NOIKA 311
ASHA ), as of Rs. 6,000/- ( Rupees Six Thousand ) only, which has taken through
INVOICE No. 12498, dated 15th December’ 2012;
ii)
To direct the Opposite Parties /
Respondents, as for the mental agony, inconvenience, and loss of money due to
loss of calls of client and loss of professional job, due to loss of call of
Senior Advocate, and others, suffered by the petitioner, from and by the
purported acts and omission of the Respondents / Opposite Parties, as assessed
as Rs. 2,00,000/- ( Rupees Two Lakhs ) only to your petitioner;
iii)
To direct the opposite parties to pay
compensation, as for the harassment, troubles, loss of business, physical
inconvenience and mental agony, suffered by the petitioner from the purported
activities and others by the opposite party as assessed as Rs. 5,00,000/- (
Rupees Five Lakhs ) only to your petitioner;
iv)
To grant the cost of the proceedings ;
v)
To grant any other relief to the
applicant / petitioner as found out by your Honour, in the facts and
circumstances of the Complaint.
vi)
And to pass such other necessary order
or orders as your Honour , may deem fit and proper for the ends of justice.
19.
That the facts contained in this
affidavit are true and correct to my knowledge.
DEPONENT
Verification
I,
the above named deponent do hereby solemnly verify that the contents of my
above affidavit are true and correct to my knowledge, and no part of it is
false and nothing material has been concealed therein.
Verified
this ………….the day of …………….2015, at the Alipore, South 24-Parganas.
DEPONENT
Identified
by me,
Advocate.
Prepared
in my Chamber,
Advocate.
Dated
:………………………..…2015.
Place
: Alipore, South 24-Parganas.
N O T A R Y
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