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Mobile firm told to pay consumer for defective product

The case dates back to May 2015 when Nitin Kadam purchased a Canvas-Blaze phone for a cost of Rs8,300. Kadam had also bought an insurance policy of Rs599for his handset.

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A Girgaon-based teacher, who suffered loss due to negligence of a mobile phone company, was compensated by South Mumbai's district consumer dispute redressal forum by penalising the company for the same. The forum also asked the mobile company to cough up money towards the complainant's mental agony and litigation cost.

The case dates back to May 2015 when Nitin Kadam purchased a Canvas-Blaze phone for a cost of Rs8,300. Kadam had also bought an insurance policy of Rs599for his handset. According to Kadam, a week after he had purchased the phone, it stopped functioning.

The complainant is a teacher by profession and he had purchased the said phone to contact his students, their parents, staff members and to answer students' inquires. However, the phone had several problems. The warranty period of the phone was of one year and hence Kadam approached the mobile shop owner, who then informed Kadam to approach its service centre. "I went through all the procedures, but the problems of my phone persisted," Kadam said in the complaint.

The complainant further claimed that he could not provide quality service to his students due to the defective mobile handset and therefore his students were adversely affected. As a result of this, his existing students did not continue with him for the next year and he suffered financial loss. Also, the months of May, June and July were very crucial for his business as the number of enquiries for new admission in class are made over phone and due to his defective mobile he could not attend those calls and lost prospective clients.

The forum asked the firm to file their reply but since there was no satisfactory response, it directed the company to pay back the actual cost of mobile, along with the sum paid towards the phone's insurance. The forum asked the firm to pay an additional amount of Rs3,000 towards the complainant's mental agony along with Rs2,000 towards the complainant's litigation charges.
 

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