West Bengal

Bankura

CC/13/2021

Dibyendu Kundu - Complainant(s)

Versus

Xiaomi Technology India Pvt. Ltd. - Opp.Party(s)

Jayanta Kumar Chakraborty

18 Dec 2023

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No. 13/2021

         Date of Filing: 03-09-2021

Before:        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate  Anirban Mukherjee

For the O.P.  : Ld. Advocate Subrata Chakaraborty

 

Complainant  

Sri Dibyendu Kundu, S/O Sri Ajit Kundu, Vill+P.O.+P.S. Onda, District- Bankura.                                                                                                                                         

Opposite Party 

Xiaomi Technology India Private Limited, 8^th Floor, Tower 1, Umiya Business Bay, Marathahalli-Sarjapur, Outer Ring Road, Bangalore-560 103, Karnataka, India

 

 

FINAL ORDER / JUDGEMENT

 

Order No.22

Dated:18-12-2023

Both  parties file hazira through Advocate.

The case is fixed for argument.

Prayer for adjournment of the Complainant is considered but rejected.

After hearing argument from the O.P. the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that he purchased a Redmi Mobile handset on 15/11/2017 for Rs.10,000/- from the Dealer under O.P. Manufacturing Company but on 22/05/2021 at about 6/6.30 p.m. said Mobile Phone suddenly blasted off inside the trouser pocket of the Complainant while he was on movement. As a result of such accident the Complainant was severely injured and he got treated at BPHC, Onda on 20/06/2021 and Onda P.S. GDE No.993, dt.24/06/2021 was lodged in the matter. Thereafter the burnt Mobile was placed for service at the Service Centre of O.P. Manufacturing Co. and the service report dt.14/06/2021 reveals the fact of burning of the mobile handset. The Complainant has therefore approached this Commission for refund of the price of the mobile set together with compensation.

O.P./Manufacturing Co. of the Mobile set contested the case by filing a lengthy written version contending inter alia that they have no liability and responsibility either for service or for replacement of the Mobile set as bursting of Mobile set cannot be a manufacturing defect after long expiry of the Warranty period and they have accordingly prayed for dismissal of the case.

                                                                                                                                                                                          Contd……p/2

Page:2

-: Decision with reasons: -

Having regard to the facts of the case, submission, contention and documents on both sides the Commission finds that the Mobile was working properly since its purchase on 15/11/2017 till its blasting  on 22/05/2021 and this four years is too long to blame the product with any manufacturing defect. Admittedly Warranty period elapsed long back and no complaint was brought during this four years regarding its operation  and functioning of the Mobile set and it is thus an accident after about four years in which the Mobile set blasted off. The Complainant could not disclose the name of the Dealer from whom the Mobile set was purchased nor any voucher has been produced at the time of hearing. No technical report is forthcoming as to the blasting of the Mobile set and the longevity of the battery is also in question. Product seller cannot shoulder any liability and responsibility for any accidental mishap arising out of the Mobile set. No manufacturing defect is attributable to the cause of such accident and as such the Complainant is not entitled to get any compensation in this case.

Hence it is ordered……..

That the case be and the same is dismissed on contest but without cost.

Both parties be supplied copy of this Judgement free of cost.   

 

 ____________________                _________________         

HON’BLE   PRESIDENT          HON’BLE MEMBER