I have Nokia N81 model handset and it has some manufacturing defects. The slider is shaking and the touch sensitive navigation wheel has lost its sensitivity. The phone is under warranty and it was only three months old when I submitted the handset to the nokia service centre. Initially the nokia care service centre personnel and the nokia support personnel (nokia support line 30303838), told that this series of phones having the above said concern and cannot be repaired. Moreover the nokia support personnel tried convincing me saying that he is also having the same problem with his handset and it wont cause any damage to the phone. They accept it is a problem but refuse to repair it. After a long conversation with them also quoting that I will be proceeding through consumer court, they accepted the handset for service. But a week later they returned the phone back to me without repairing the problem saying that the panel has to be changed to fix it, since the panel is not under warranty.
Please advise me that, Is it possible to file a case in consumer court for return back of money from Nokia quoting the above?