Ashish M (Chartered Accountant) 13 January 2010

consumer query

Dear all,

Due to deficiency in after sales service, i sent a letter to the company for the replacement of my mobile set.

After running from pillar to post, the company ultimately relented to replace me the set.

Now my older set's 1 yr. warranty has ended on 11th January,2010. I asked the company to give the warranty of the replaced new set for 1 yrs. but the company denies that it will not give the warranty of the new set. It can atmost give warranty of the new set for 1.5 months as it remained with the company for this period for repair.

I want to ask whether I m wrong in asking 1 yr. warranty of the replaced new set starting from the date the new set is delivered to me? pls also cite any case law, if at all, in this regard.!!!!

THANKS.!!!!!

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9 Replies

Devajyoti Barman (Advocate) 13 January 2010

You better file complaint u/s 12 of the Consumer Protection Act and let them c ome up with any defence. Don't forget the Forum always tries to give relief to the consumer ignoring intriacies and or technicalities.

1 Like

shrikant chede (law officer) 13 January 2010

i do a

shrikant chede (law officer) 13 January 2010

I do agree with Mr barman

Manjinder Singh Brar (Advocate) 13 January 2010

I do agree. You have to file complaint

subhash kumar (advocate) 14 January 2010

Dear, yes you can file the complaint before consumer forum under section 12 as my friend barman said

Jithendra.H.J (Lawyer) 14 January 2010

Yes! you can demand for one year warranty as old set is replaced with new one, nothing wrong in it. if they deny, surely you can approach the consumer forum as suggested by Barman

girishankar (manager) 14 January 2010

Yes! you can demand for one year warranty as old set is replaced with new one, nothing wrong in it. if they deny, surely you can approach the consumer forum as suggested by the members, before goin to consumer court i feel better that u send a notice/registered letter to tah concern firm and get a reply from them...

1 Like

Ashish M (Chartered Accountant) 14 January 2010

Originally posted by :girishankar
"	Yes! you can demand for one year warranty as old set is replaced with new one, nothing wrong in it. if they deny, surely you can approach the consumer forum as suggested by the members, before goin to consumer court i feel better that u send a notice/registered letter to tah concern firm and get a reply from them...	"

Thanks u legal eagles for giving ur precious suggestions, i want to add here that, the company held my set for 1.5 months under the garb of repair and when i asked to replace it, they denied and only after sending them notice that they hve agreed to replace me the set. but now do i send notice again for asking 1 yr warranty as suggested by Mr. Girishankar.....??