Need Some Advise

[Mufaddal 678]

One of my freinds who also happens to be a doc has filed a lawsuit against nokia india/finland

his story is as follows

he had purchased a nokia 5800 around when it was released in dec for around 20k

but early batches of phones seem to have a lot of problems which needed hard reset

so he did that .now the problem was that he had purchased nokia maps license for a yr and paid 3.5k for it ...he had stroed license key on his phone ..now since he had hard reset the phone he lostthe license key , he contacted nokia but they said it would take them a week to give him his license key ...from a week to a mnth he didnt get his license key from nokia

now there was one more hardware problem with 5800 ...( almost all 5800 had it once ina while ) the lcd would display vertical and horizontal lines randomly .

he took it to nokia care and they repiared lcd but didnt fit the phone properly as a result dust was going in the phone .

then there was one more peculiar problem with 5800 ..the earpice was defective and nokia had acknowledged it and repiared it for free ..he got that done also

now even after replacing his lcd he still has this vertical/horizontal line problem

fianlly he decided to ask for replacement ..but nokia care refused

then we decided to write to consumer forums

then nokia suddenly woke up and they took his phone and said they will repair it ...but my frend asked for a temporary phoen for his use ..nokia care declined his request

then he wrote to nokia finland and told them that he will now file a lawsuit ..

then he got a call from nokia fnland and they told him they will ask their people in india to replace it and also they would give him an e51 for temporary use

Ironically he got a e51 which was also defective ...the battery was bad and more than that the phone e51 belonged to an advocate who had sued nokia finland a yr back

so my frend called that guy and now he has filed a lawsuit againt nokia and he doesnt want replacemnet of his 5800 but he wanst his money back which he spend on phone and also litigation charges

now the thing is that initially he had asked for replacement but now he is asking for full money with litigation charges ..is it possible for him to demand his money back ??

also can he challenge nokia terms and conditions ??

does anyone knwo any person in media or soemone who canbe of help in this issue

[KumaarShah 143]

Your friend has taken the lawyer's help. That lawyer should be able to advise him properly in this matter. afaik, yr friend can ask for his money back is there are innumerable problems with the phone and that too very consistently. And all times, they have or not repaired the phone and immediately the problem is back... So yr friend can claim for money back, but the legal charges will depend on the judge. The case will go on for many years... I hope you get the drift of what i am saying.... Imho, yr friend should work out a compromise deal with nokia and take maybe another model from them....taking media help is a very good option, but it may vitiate his case....i am not too sure though... Some legal experts on our forum can help you...

[KumaarShah 143]

Also the compromise deal should be initiated by nokia... I once returned a phone to lg after using it for about 6 months and got the refund in full. In my case, however, rcom's support was there...but there was no major problem with the phone. Yet lg refunded the money in full without any questions... See the difference in the service between nokia and lg.... Arrogance will lead to nokia's fall one day....