Mobile phone bursts inside man’s pocket, consumer commission grants Rs 41,139

The complainant said that the phone burst while inside his pocket, injuring his thumb.(Image generated using AI)

A consumer commission in Uttar Pradesh recently directed a mobile phone manufacturer and a local electronics retailer to either replace a mobile phone or refund its cost after the phone allegedly burst inside a man’s pocket in 2023, causing injury.

President Hasnain Qureshi and member Purnima Singh Rajpoot also directed the opposite parties to pay compensation of Rs 36,139 and Rs 5,000 as litigation expenses.

“As there is no rebuttal of the pleadings of the complainant and therefore it is held that the mobile set was defective and there was deficiency in service,” the order read.

Phone burst

According to the complainant, he purchased the mobile phone for Rs 29,500 in 2020. He alleged that the phone started heating up. After he complained, he was allegedly told that such heating sometimes occurred. After he complained, he was allegedly told that such heating sometimes happens.

The phone allegedly heated up again, but his complaint to the local retailer was allegedly ignored. The complainant said that the phone burst while inside his pocket, injuring his thumb. He then lodged a police complaint.

The complainant further alleged that the incident damaged photographs and videos from his marriage. He claimed that he was hospitalised after learning about the damage and that he and his wife had to hold another marriage celebration and arrange fresh photography and videography.

He sought Rs 51 lakh towards the expenses of recreating the marriage ceremony and Rs 48 lakh as compensation for the shock, depression and treatment he claimed to have suffered. His total claim was Rs 99.29 lakh, though he restricted it to Rs 50 lakh citing the commission’s pecuniary jurisdiction.

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The manufacturer filed its response beyond the prescribed period, which the commission said was of no importance, while the local retailer did not contest the case.

The commission held that there was no rebuttal to the complainant’s allegations and concluded that the mobile phone was defective and there was deficiency in service. It noted that the complainant remained hospitalised and incurred Rs 36,139 in treatment expenses, as supported by the medical records.

The commission directed the opposite parties to either replace the mobile phone with a new one or refund Rs 29,500. It also awarded Rs 36,139 towards medical expenses and Rs 5,000 as litigation costs.

Takeaway

Manufacturers and sellers can be held liable when a defective mobile phone causes injury to a consumer. Where the defect and resulting loss are not rebutted, consumer commissions can order replacement or refund of the product and award compensation for proven medical expenses and litigation costs.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Uttar Pradesh helpline: 1800180030) or call the National Consumer Helpline at 1915 for assistance.

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Ashish Shaji is a Senior Sub-Editor at The Indian Express (Digital), where he specialises in legal journalism. Combining a formal education in law with years of editorial experience, Ashish covers court developments and key cases for the audience. Expertise Ashish is a law graduate (BA LLB) from IME Law College, CCSU. His work at The Indian Express focuses on translating the often-dense proceedings of courts into clear, legal content. He also runs liveblogs from the Supreme Court and various High Courts. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More