Delhi Consumer Commission Holds Realme Mobile Telecommunication (India) Pvt. Ltd. Liable For Defective Phone Explosion; Awards ₹1 Lakh Compensation
The District Consumer Disputes Redressal Commission-VIII (Central), Delhi, comprising Divya Jyoti Jaipuriar (President) and Dr. Rashmi Bansal (Member), has held Realme Mobile Telecommunication (India) Pvt. Ltd. liable for deficiency in service and for selling a defective product after a mobile phone exploded, causing physical injuries to the complainant. The Commission noted that the incident also resulted in the complainant losing the opportunity to appear in an examination scheduled the next day, thereby causing loss of one year.
Facts
The complainant, a civil services aspirant residing in Delhi, purchased a Realme XT mobile phone on 06.10.2019 for ₹18,000. On 04.06.2022, while he was asleep, the phone allegedly exploded and caught fire, causing burn injuries on his arm, forehead, and fingers. Due to the incident, he could not appear for the UPSC preliminary examination scheduled the next day.
He approached the authorised service centre seeking replacement, but was informed that only repair was possible. When he later attempted to collect the device, he was asked to sign an acknowledgement stating that the damage was user-induced; upon refusal, the phone was not returned.
Aggrieved, the complainant approached the Consumer Commission.
Arguments of the Opposite Party
The Opposite Party filed a written statement but failed to lead any evidence or file written arguments despite repeated opportunities. The Commission noted that in the absence of evidence, the written statement carried no evidentiary value except for admitted facts.
Observations & Decision
The Commission, after perusing medical records from Ram Manohar Lohia Hospital and photographs of the burnt device, observed that the complainant had successfully established that the damage was caused by a battery explosion.
It further observed that:
• The explosion of a mobile battery is a serious safety concern which manufacturers must address with utmost assurance of safety.
• The conduct of the Opposite Party was not appreciated, as it failed to take proactive steps and instead insisted on an acknowledgement of “user-induced” damage.
• The incident resulted in the complainant losing the opportunity to appear in a competitive examination conducted once a year, thereby affecting his preparation and causing further financial burden.
• Supplying a sub-standard product compromising consumer safety warranted imposition of compensation.
The Commission held that the complainant was sold a defective product, resulting in physical injury, financial loss, and loss of opportunity.
Accordingly, the Commission allowed the complaint and directed the Opposite Party to pay the following amounts with interest @6% per annum from 01.10.2022:
1. ₹1,00,000 towards compensation for physical pain, injury, and mental agony
2. ₹25,000 towards damages
3. ₹25,000 towards litigation costs
The Opposite Party was directed to comply within 30 days, failing which the amounts shall carry interest at 9% per annum.
Case Details
Case Title: Koti Sai Pavan v. Realme Mobile Telecommunication (India) Pvt. Ltd.
Case No.: CC/120/2022