‘Waterproof’ phone fails delivery man’s test, he wins Rs 52,000 consumer payout, refund

A consumer commission in Srinagar has held Motorola liable for misleading advertisements after a delivery man purchased a Motorola Edge 40 smartphone marketed as having underwater protection, only to find that it suffered water damage when he tested the feature. The commission directed Motorola to refund the phone’s cost of Rs 27,058 and pay Rs 52,000 as compensation.

President Dr Farah Deeba and Shabnam Munshi (member) were hearing the complaint filed by one Ikhlaq-Ul-Firdous, who purchased the smartphone through Flipkart in 2023 as he needed a handset that could withstand wet weather conditions during his delivery hours.

“Opposite party number 1 (Motorola) has deceived the complainant through misleading advertisements and has played a fraud upon him,” the July 6 order read.

Phone develops water damage

The complainant stated that after seeing advertisements claiming that the Motorola Edge 40 had IP68 underwater protection and could withstand submersion up to 1.5 metres for around 30 minutes, he purchased the phone through Flipkart on October 31, 2023, for Rs 27,058.

He claimed that, being a delivery man, he bought the phone because he needed a device that could withstand rain and wet weather conditions while working.

It was further claimed that after the delivery of the phone, the complainant put it to the test and to his surprise and shock, the Motorola phone developed a snag, which prompted him to approach the phone company through a phone call as well as through mail.

The company allegedly asked the complainant to approach the concerned service centre, which he did, and after that, he was informed that there had been some liquid damage to the product, and he could avail of repair on a chargeable basis.

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However, the complainant again approached Motorola with the request to refund the amount of the phone, which was not considered by the company.

The complainant maintained that the Motorola company has deceived him through misleading advertisements and has subjected him to the state of extreme physical and mental agony as well as financial loss. Advocate M Anwar Bhat represented the complainant in the matter.

‘Advertisements suggest underwater protection’

The commission noted that the advertisement for the Motorola would reveal that the said phone has IP68 underwater protection and can withstand submersion in up to 1.5 meters for about 30 minutes.

The commission directed the Motorola company to refund Rs 27,058, the cost price of the said phone, to the complainant. The mobile phone company was also directed to pay Rs 50,000 as compensation for mental agony, harassment and financial loss.

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The commission also directed the Motorola company to pay Rs 2,000 as litigation costs.

Motorola’s defence: Water resistant, not waterproof

Representing Motorola, advocate Noman, while admitting the purchase of the mobile phone, resisted the complaint on the chief ground that, as per the Motorola warranty terms and conditions, a device with any physical or liquid damage is not covered under warranty, and the product has only water resistance and is not a waterproof product.

It was submitted that the complainant had no cause of action against the company and accordingly sought the dismissal of the complaint.

Flipkart did not submit its written version to the commission in this matter.

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Significance of ruling

The ruling highlights that companies can be held liable if their advertisements create expectations about a product’s capabilities that are not borne out in actual use.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Jammu and Kashmir Consumer Commission Helpline: 1800 180 7114) or call the National Consumer Helpline at 1915 for assistance.