'Replace faulty cellphone, pay Rs 3K'

Mar 20, 2013, 01:19 IST | Saurabh Vaktania

Forum directs electronics company to compensate consumer for causing mental agony

The South Mumbai district consumer disputes redressal forum has directed a mobile company and its dealer to hand over a defect-free mobile phone or money for the same to a consumer who was given a defective cell phone. The order, which came last week, also states that the mobile company and dealer have to pay Rs 3,000 as compensation to the consumer owing to the mental agony caused. Both the compensation and replacement handset have to be provided in 30 days.

The complainant, Umesh Ahirrao, a resident of Byculla, had purchased a ‘Samsung metro 3310’ mobile phone from Panna Mobile centre, Thakurdwar on June 2010 for Rs 4,800. After three months, Ahirrao started having trouble with the mobile phone. In his complaint to the court, Ahirrao said that the phone started hanging, had hardware problems and would automatically switch off. As the mobile phone was under warranty Ahirrao approached the manufacturer's SAP authorized service centre i.e. M/s. Samsung India Electronics Ltd.

The dealer told the complainant that due to the unavailability of some parts it was not possible to get the cell phone repaired and therefore he would get a new mobile phone from Samsung. Later Ahirrao also received call from the dealer saying that the money would be refunded. However, when the complainant got a cheque from the dealer there was an error in his surname.

When the complainant did not get the correct cheque for long time he approached the South Mumbai district consumer disputes redressal forum. The complainant demanded Rs 50,000 compensation for mental trauma, Rs 1 lakh for monetary loss with interest and Rs 5,000 as legal cost.

During the proceedings last week the court ordered that Samsung or dealer provide a new Samsung mobile phone of Model no 3310 Samsung Metro to the complainant or pay Rs 4,800 towards the cost of the phone. Also Samsung and the dealer have been directed to pay Rs 3,000 as compensation within 30 days. 

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