The North District Consumer Disputes Redressal Forum held the Blackberry phones' supplier, Redington India, as well as the dealer, Cariano Telecom, guilty of deficiency in service.
"Firstly, opposite parties sold defective Blackberry phone to complainant. Secondly, even if it suffered from the defect, the same was not removed after carrying repair of the phone by the opposite party 1 (Redington), which is authorised service centre. Therefore, there is a deficiency of service on the part of both the opposite parties (Redington and Cariano).
"Since phone is still lying with opposite party one, we are of the view that ends of justice will be met if they are directed to refund the price of mobile handset along with some cost and compensation," the bench presided by Babu Lal said.
The forum directed Redington and Cariano to "jointly and severally" refund Rs 31,000 (price of the Blackberry mobile phone) to Delhi resident Chander Mohan Goel and to pay him an additional compensation of Rs 1,500.
The direction came on Goel's plea alleging that the Blackberry 9900 mobile phone he had been sold for Rs 31,000 was defective and was not repaired by Redington to which the handset was handed over for repair.
He had alleged that the phone, purchased by him in November 2011, was not working properly right from the beginning.
The order was passed ex-parte by the forum which said, "Notices sent to opposite parties were duly served, however, none appeared on behalf of the opposite parties, therefore, they were proceeded with ex-parte."
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