IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Friday the 23rd day of June, 2023.
Filed on 10.11.2022
Present
1. Smt.P.R Sholy, B.A.L, LLB (President-in-charge )
2. Smt.C.K.Lekhamma, B.A, LLB (Member)
CC/No.292/2022
between
Complainant:- Opposite parties:-
Sri.Anoop Raju 1. M/s Flipkart/ ekart logistics
S/o Raju Godown PVWARA-95
Illathu Kizhakethil Ponevazhi Road, Ponekkara,
Purakkad P.O. Edapally, Kochi-682941
Ambalappuzha, Rep.by its Chief Executive officer
Alappuzha-688561
2. Oppo Mobiles India Pvt.Ltd.
Sri.Amal Raju Plot No.1, Sector Ecotech VII
S/o Raju Greater Noida, Uttar Pradesh
-do- -do- 201300, Rep.by its Chief Executive-
(Adv.P.T.Joseph) Officer
3. Realme Mobiles Telecommunications
India Pvt.Ltd., Regd.office,
SREI-Level 5, Mandi Lidyog
Sector 18, Plot 14 A, Anand road
Haryana, Rep by its chief
Executive Officer
(All Ops are exparte)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
Brief facts of the complainant's case are as follows:-
The 1st complainant had purchased a Realme 6 Pro (Lightening Blue, 128 GB) smartphone against bill No.FABBA12100482304 from the 1st opposite party on 04/08/2020, the same was manufactured by the 2nd opposite party under the brand name of the 3rd opposite party. The cost of the mobile phone was Rs.19,999/-. The 1st complainant purchased the mobile for the educational needs of his younger brother, the 2nd complainant during lock-down period due to covid-19 and the 2nd complainant was using the mobile phone without having any complaint. The 2nd complainant availed a network connection for the realme phone from the reliance jio service provider, who provided him with SIM card and a memory card.
The 2nd complainant was using the smartphone more cautiously and there was no complaint of overheating and overcharging of battery since, he was charging the handset with original battery which came with the device and battery has not been replaced during the term of usage. During the term of his usage the realme mobile phone has not sustained any damage by way of falling down on the floor or being exposed to fire or water. He used to handle the smartphone set with utmost care. Therefore, there is chance for any damage due to external forces that caused a puncture in the battery and a damaged motherboard. On 25.01.2022 at about 12 PM while the 2nd complainant was returning to his house after attending his semester exam from his educational institution in a motor cycle. When he reached near the 11th mile, Cherthala, he felt that the mobile phone kept in his pant’s pocket was overheating. Suddenly he stopped his motor cycle and try to pick the devise out from his pocket and suddenly the phone exploded and caused burn injuries to his palm, and thigh. The device was in a melted condition SIM card and memory card of the smartphone were damaged due to the explosion. The people gathered there took him to Taluk Headquarters hospital, Cherthala and treated there.
Due to the resulting injuries sustained to the 2nd complainant in the explosion, he could not attend his subsequent examinations. There is a chance of losing his one year study due to non attending the final semester examinations. The 2nd complainant is still in the shock of the unexpected explosion of the devise and he is continuing his treatment to cure the injuries sustained. The injuries caused to his palm and thigh is very serious and it caused permanent mark in his skin and lost elasticity of the skin and resultant injuries caused to his skin is a permanent disability. The incident was reported in almost all dailies and visual media in the next day. The 3rd opposite party noticed it and on 29.01.2022 they contacted the 2nd complainant at his residence and the exploded handset was examined by them and returned. They handed over a smartphone to the 2nd complainant and managed to get his signature in the receipt prepared. But the handset handed over to the 2nd complaint became not working about one month back and the same was entrusted to the service centre of the 3rd opposite party for repairing the complaint. The complainant alleged the mobile exploded due to the manufacturing defect coupled with the use of low quality materials by the 2nd opposite party. The Lithium-Ion battery that powers the handset was of inferior quality, the result of which the cells inside the battery reach a critical temperature resulting in thermal runaway. A wrong component or a fault in the assembly line can cause the battery to malfunction and, in turn, explode. This usually happens when the chipset has thermal issues during multi-tasking and running apps and the thermal lock feature of thermal passé to keep the handset’s heat in check fails working.
The injuries caused to the 2nd complainant due to explosion of mobile phone and subsequent mental agony inconvenience cannot be ascertained in monetary terms. However the complainants fixed the claim as 10,00,000/- rupees compensation. the exploded Smartphone was send for examination to Cyber Forensics Laboratory, Thiruvananthapuram by complainants and waiting for the report from the laboratory. Thus, the above said callous and reckless act and omissions on the part of the opposite parties 1 and 2 to make good of their defects amounts to gross dereliction of their duty and deficiency in their service and unfair trade practice for which they are jointly and severally liable. Hence the complainant filed this complaint and sought following reliefs:-
A. To direct the opposite parties 1 and 2 to pay an amount of Rs.10 lakhs jointly and severally to the complainants towards the compensation for the injuries, damages, loss, mental agony, hardships and discomfort caused on account of the explosion of the Realme 6 Pro mobile phone against bill NO.FABBA12100482304 of the 1st opposite party 04.08.2020.
B. To direct the opposite parties to pay an amount of Rs.3 lakhs as compensation for deficiency in service and cost of the proceedings.
2. Points that arose for consideration are as follows:-
1. Whether the complainant is entitled to get compensation as sought for?
2. Reliefs and costs.
3. 2nd complainant filed proof affidavit and Ext.A1 to A8 and MO1 were marked from his side. The opposite parties remained absent and proceeded with exparte.
4. Point No.1
The case of the complainant is that the 1st complainant purchased the disputed mobile phone worth Rs.19,999/- from the 1st opposite party and was manufactured by the 2nd opposite party under the brand name of the 3rd opposite party. The said gadget was using by the 2nd complainant, the younger brother of the 1st complainant, for his educational purpose. On 25.01.2022 the 2nd complainant was returning to his home after attending his semester examination. Unfortunately the mobile phone over heated and exploded in his pant’s pocket and suffered burn injury. The same was reported by medias. Due to the said incident he could not attend his subsequent semester examination. Consequently, the 3rd opposite party contacted the 2nd complainant and met him at his residence on 29.01.2022 and inspected the device and handed over a smart phone, Realme GT master. But the said phone did not work, it had entrusted to the service centre of the 3rd opposite party. The complainant alleged manufacturing defect coupled with the use of low quality materials by the 2nd opposite party. This complaint filed for compensation for injuries, damage etc. from the opposite parties Nos.1 and 2.
Ext.A1 proved the purchase of the disputed mobile phone. It can be seen from Ext.A2, OP card dated 25.01.2022 at Taluk Government hospital, Cherthala that the 2nd complainant sought treatment for burn injury. Also, it can be seen that the treatment was taken from the Purakkad health centre on 01.03.2022. On perusal of evidence it revealed that the 2nd complainant is a student. Ext.A3 certificate dated 18.02.2022 issued by the Govt. Polytechnic College, Cherthala evident that due to the injury the 2nd complainant was unable to write the semester exam held on 28.01.2022. Seemingly, the complainants duly sent legal notice to the opposite parties and as per Ext.A7 the complainant entrusted a mobile phone Realme GT master to the service center on 29.01.2022 in the complaint of not working the same. The completely damaged mobile phone was produced and marked as MO1. Further Ext.A8 MIBIZ Cyber Forensic Examination report, specifically mentioned that “The device could not be analysed using the Mobile Forensic Tools because the received MO was in a melted condition while received at the Laboratory. More over it is mentioned that “ No other useful information could be retrieved from the questioned device due to its severely damaged condition”. Despite the receipt of notice from the Commission opposite parties reluctant to appear and substantiate their part hence the above evidence remained unchallenged. Therefore we found that the onus is satisfactorily discharged by the complainant. In the absence of contrary evidence it can be concluded that the mobile phone was exploded due to manufacturing defect. In Sec.83 of Consumer Protection Act, 2019 incorporated the product liability which defined as the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in service relating thereto. In view of that we have no hesitation to hold that opposite parties 1 and 2 the dealer and manufacturer are liable to pay Rs.1 lakh as compensation towards product liability. It is convinced from the evidence that due to the above incident the complainant suffered mental agony which attributed deficiency in service hence the complainants are entitled to get Rs.1 lakh towards compensation for deficiency in service from the opposite parties Nos.1 and 2.
5. Point No.2
In the result the complaint is allowed in part and direct as follows:-
- Opposite parties No.1 and 2 are jointly and severally liable to pay Rs.1,00,000/- (One lakh) as compensation for product liability and also pay another amount of Rs.1,00,000/- (One lakh) to the complainants for deficiency of service. Failing which said amount shall carry interest @ 8% per annum from the day fixed for compliance of this order till realisation.
- Both opposite parties are jointly and severally liable to pay Rs.10,000/- (Ten thousand) towards litigation cost.
The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 23rd day of June 2023. Sd/-Smt.C.K.Lekhamma (Member)
Sd/-Smt. P.R. Sholy (President in Charge)
Appendix:-Evidence of the complainant:-
Ext.A1 - Tax invoice dtd.04.08.2020
Ext.A2 - OP card dtd.25.01.2022
Ext.A3 - Certificate dtd.18.02.2022
Ext.A4 - Photocopy of newspaper cutting
Ext.A5 - Photographs
Ext.A6 - Legal notice
Ext.A7 - Realme service center handover report
Ext.A8 - Examination report
MO1 - Mobile phone
Evidence of the opposite parties: NIL
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Comp.by:
