Consumer alleged mobile stopped working within 2 months

A District Consumer Redressal Forum has directed Samsung India and retailer Phonestore in Daryaganj to pay ₹50,577 as compensation to a consumer on the grounds that they sold a defective Samsung handset to him.

Ajay Khosla had alleged that the phone had started malfunctioning within two months of the purchase.

In his complaint, Mr. Khosla claimed that the handset had started to get excessively heated and ultimately stopped working.

He further alleged deficiency of services on the part of the service centre as they returned the handset to him without repairing it.

“The complainant has filed a copy of the cash invoice, which shows that the handset was purchased by him and was under warranty at the time of handing it over for repairs to the authorised service centre,” read the order.

No appearance

The district forum observed that neither Samsung nor the retailer who sold the handset had appeared before the forum despite being served notices. “None of the opposite parties have chosen to file any reply or contested the claim of the complainant,” the court observed.

Calling it a deficiency in service, the court said: “The complainant has proved purchase of mobile phone. As the case of the complainant has not been controverted by the opposite parties, we have no reasons to disbelieve the complainant.”

‘₹7,000 for harassment’

‘Directing the respondents to refund the original price of the handset, the court ordered a compensation of ₹50,577 to the complainant. Further, the district consumer forum ordered an additional compensation of ₹7,000 for mental torture, harassment and cost of litigation.

In the order, the court said: “All the above amounts shall be payable by all the opposite parties jointly”.