Faulty handsets: Users flock to consumer forum

With high usage of mobile phones,persons with grievances regarding faulty handsets are knocking the door of the UT Consumer Disputes Redressal Forum.

Recently,Ranjana Shahi,a Sector 40 resident, won a case against a Delhi-based distributor and its Chandigarh-based dealer. In her complaint,Shahi pointed out that in October 2010,she purchased the handset from the dealer in Chandigarh for Rs 17,160. The mobile set was covered under warranty of one year.

Soon after purchase,the handset would hang and the touch screen would stop working. Shahi approached the dealer,who refused to repair or replace the handset despite a legal notice served in April this year.

Despite a notice served by the court,the distributor or the dealer did not turn up,and an ex-parte order was issued regarding the case. The Forum observed that not repairing the mobile phone within the warranty period amounted to gross deficiency in service. The Forum directed the distributor and the dealer to rectify the defect in the mobile phone to the satisfaction of the complainant. It also directed them to pay Rs 3,000 to the complainant as compensation for harassment,and Rs 2,500 as cost of litigation.

In a similar case,Ashish Chanana,a resident of Naraingarh in Ambala district,complained against a Chandigarh-based dealer of a reputed brand. Chanana said he purchased the handset from the dealer in Sector 17 for Rs 26,650 in August 2010. The mobile was covered under warranty for one year.

Chanana said the handset would automatically switch off or on,and hang. The problem continued despite repeated repairs by the service centre of the company. Finally,Chanana requested the dealer to replace the handset. Since this was not done,he filed a complaint in the Forum.

The representative of the service centre stated in court that every time Chanana approached them for repair of the handset,they carried out the required job. Hence,there was no deficiency of service on their part.

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In this case,the Forum referred to a decision of the Delhi Consumer Disputes Redressal Commission. The Commission had ruled that a consumer was put to considerable harassment if he had to go for repeated repair of a product purchased by him. The Forum held that the handset had a manufacturing defect which could not be repaired.

The Forum directed the opposite parties to replace the handset with a new phone of the same model and make,pay Rs 2,500 for the harassment caused and Rs 5,000 as litigation expenses.

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