A Kerala district consumer body has held Flipkart, Samsung, its authorised service centre and the seller jointly liable for deficiency in service after a consumer complained that a Samsung Galaxy S23 Ultra 5G phone suffered from overheating and camera issues within days of purchase. The commission directed them to either rectify the defects free of cost or refund the full purchase price of Rs 1 lakh, along with Rs 27,000 as compensation.President Ravi Susha, along with members Molykutty Mathew and Sajeesh K P of the Kannur District Consumer Disputes Redressal Commission, were hearing a complaint filed by Sreekanth Thekkan, who purchased the phone in January 2024 and alleged that it suffered from overheating and poor camera performance. The bench noted that the defects were reported during the warranty period and remained unresolved.“Whatever contentions raised by each opposite party (Flipkart, Samsung, Samsung service centre) to shift their liability will not lie, as the commission is of the view on the basis of documentary evidence that the product sustained a defect during the warranty period and all opposite parties are jointly and severally liable for the deficiency in service,” the June 30 order read.Thekkan had sought directions against the mobile phone company, the online platform, the authorised Samsung service centre and the seller to refund the purchase price of the phone and pay compensation for mental agony.Online purchase gone wrongThe complainant claimed that on January 27, 2024, he had purchased a Samsung Galaxy S23 Ultra 5G phone worth Rs 1 lakh through Flipkart, and it was delivered two days later. However, he could not use the phone as it was found to be overheating and defective, and did not have the camera clarity promised by Samsung.Also Read | Online seller denies refund for returned shoes, engineer wins Rs 14,000 payoutTherefore, the complainant allegedly contacted the customer care service, but they denied to offer a service or replacement, and directed him to approach the online platform to rectify the issue. The complainant pointed out that he had contacted the platform and registered a complaint, which remained unaddressed. He finally approached the consumer court.‘Second-hand phone’Flipkart, represented by its advocate A K Sajithkumar, submitted that the whole grievance pertains to the manufacturing defects, and the platform is an intermediary. Hence there is no contract between the complainant and the online marketplace. It was further added that the company is not owned, controlled or associated with the dealer of any product which was registered on its online platform.Story continues below this adAppearing for Samsung, advocate C V Narayanan admitted that the complainant had approached them to replace the phone due to its overheating issue, and after examining the said phone, it was found that it was normal heat, which is usually seen in phones.They further added that the Samsung service centre informed the complainant to contact Flipkart as the phone was purchased through that platform. The company also argued that the complainant had purchased a second-hand handset through an online platform and had failed to produce the warranty card issued by the seller. According to the firm, responsibility for addressing the grievance lay with Flipkart and the seller.Jointly liable: CourtThe commission noted that the complaint was filed in April 2024, within three months of the purchase, and that the alleged defects had arisen during the warranty period. It further observed that the issues remained unresolved despite the complainant approaching the concerned parties.Also Read | ‘Parents can’t coach’: Counsellor to meet child before trip with dad amid custody fightThe commission held that Flipkart, the Samsung service centre and the dealer are jointly and severally liable to cure the defects in the mobile phone free of cost within one month or pay Rs 1 lakh towards the purchase price of the mobile phone to the complainant. The companies were also directed to pay Rs 20,000 as compensation towards mental agony and Rs7,000 as cost of litigation to the complainant within 30 days.Story continues below this adSignificance of rulingThis ruling highlights that mobile phone manufacturers, sellers and online marketplaces cannot evade responsibility by shifting blame to one another when a product develops defects within the warranty period.For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.