A consumer commission in Uttar Pradesh has directed a mobile phone manufacturer and a local electronics retailer to replace a defective handset or refund its purchase price of Rs 29,500 after a consumer alleged that the device exploded in his pocket, injuring his thumb.
The commission, comprising President Hasnain Qureshi and member Purnima Singh Rajpoot, also ordered the manufacturer and retailer to pay Rs 36,139 towards medical expenses and Rs 5,000 as litigation costs.
The commission found the phone defective and held that there was a deficiency in service, noting that the allegations raised by the complainant had not been rebutted.
Phone Exploded After Repeated Heating Complaints
The dispute arose from a mobile phone purchased by the complainant in 2020 for Rs 29,500. According to his complaint, the handset began overheating during use.
When he initially raised the issue, he was allegedly informed that mobile phones could sometimes become hot. However, the problem persisted, and a subsequent complaint to the local retailer allegedly received no attention.
The complainant claimed that the phone eventually exploded inside his pocket in 2023, causing an injury to his thumb. He subsequently approached the police regarding the incident.
Consumer Demanded Nearly Rs 1 Crore in Compensation
Apart from the physical injury, the complainant alleged that the explosion resulted in the loss of photographs and videos from his marriage.
He claimed that the loss caused him considerable distress and led to his hospitalisation. According to his complaint, he and his wife subsequently organised another marriage celebration to arrange fresh photographs and videos.
The complainant sought Rs 51 lakh for expenses connected with recreating the marriage ceremony and Rs 48 lakh for the alleged psychological distress, depression and medical treatment.
Although his total claim amounted to Rs 99.29 lakh, he restricted the amount to Rs 50 lakh because of the commission’s pecuniary jurisdiction.
Commission Finds Deficiency in Service
During the proceedings, the mobile phone manufacturer submitted its response after the prescribed deadline. The commission found the delayed response to be of no importance. The local retailer did not contest the proceedings.
In the absence of any rebuttal to the complainant’s allegations, the commission concluded that the handset was defective and that the opposite parties had failed to provide satisfactory service.
The commission also examined the medical records submitted by the complainant. These documents supported his claim that he had been hospitalised and had spent Rs 36,139 on treatment.
Replacement or Refund Ordered Along With Medical Expenses
Allowing relief to the complainant, the commission directed the manufacturer and retailer to provide a new mobile phone in place of the defective handset or refund the original purchase price of Rs 29,500.
It further awarded Rs 36,139 as compensation towards medical treatment and Rs 5,000 for litigation expenses.
While the complainant had sought substantial compensation for the alleged loss of marriage photographs, the subsequent celebration and emotional distress, the commission’s monetary award was confined to the documented medical expenses and litigation costs, along with replacement or refund of the handset.
