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Praveen Kanungo   27 January 2009 at 11:37

Consumer Act

I am great thankful to all of you to promptly reply my query


I would like bring some point :\

4.) No demonstration of the product was given to me before selling.
5.) The product was sold on the terms that in case of a defect the product shall be replaced within 48 hours ( i. e. 48 hours replacement guarantee) of sale(In addition to manufacture 12 replacement warranty).

(* Note:- 48 hours replacement guarantee provided by retailer its own behalf)

6.) I was told that the product is better than the other reputed products (Like Nokia).

But I discovered the following defects in the product

A) I could not activate the GPRS service.
B) I could not make outgoing calls from the phone most of the times.
C) That the product was nowhere even equal to the other brands like Nokia.

Some point must be taken :-

6. I purchase that mobile only believed the big brand of Mobile Retailer
7. I believed the 48 hours replacement guarantee provided by retailer
8. The retailer promised to me if any problem persist in mobile like hang, in problem in music, video quality we replaced the mobile with any other brand
9. They could not provide any written guarantee card only say we stay here solve your problem you must believe our brand
10. we had only affidavit of visited consumers to this retail shop regarding above 48 hour replacement guarantee

We had already lodge complaint in district consumer forum in this matter

Please guide us to how I able to fight against retailer?



Thanks for reply
Detail matter is

I had bought a Mobile phone from a reputed mobile retail store on 03/09/2008 at 5:00P.M.
1.) No demonstration of the product was given to me before selling.
2.) The product was sold on the terms that in case of a defect the product shall be replaced within 48 hours of sale and it has a one-year warranty.
3.) I was told that the product is better than the other reputed products (Like Nokia).

But I discovered the following defects in the product

A) I could not activate the GPRS service.
B) I could not make outgoing calls from the phone most of the times.
C) That the product was nowhere even equal to the other brands like Nokia.

I brought the defects to the notice of the attendants at the mobile retail store within the replacement period of 48 hours. My request to replace the product was turned down. I kept waiting for 3 hours at the mobile shop for the problem to be solved but it could not be solved. I asked the attendants to give a written statement to the effect that in case the problem could not be solved, you would replace the handset even after 48 hours as the delay is caused by you. The attendants said that they do not have the authority to give any written statement. Instead of entertaining my problems they kept on humiliating me by mocking at me. Moreover, the attendants did not stick to their words and kept on misleading me. Even after 4-5 rounds of visit to the mobile shop and the service center, my problem persists. Due to this deficiency in your service I am not able to reap any benefits even after spending Rs. 4929/-. The purpose for which the mobile was bought could not be served; rather I had to suffer mental agony due to the indifference of the attendants and the defects in the product. Besides I have suffered physical exhaustion due to repeated worthless visits to the mobilehop in the hope of ultimately getting my money’s worth and a problem free mobile.

I had also sent a 15-days notice to the said mobile shop for replacing the mobile but the same failed to elicit any response.

thanks & regards
Praveen Kanungo

prakash   27 January 2009 at 11:33

Administor duties towards CHS.

Registrar of CHS Freeze Bank accounts and appointed Administrator,Now Society is small with aged ailing members could not make it possible to comply all Laws related query raised by Registrar,and asked Administrator to take care of day to day affairs of the society,Like Payment of Reliance Energy Bills,Watchman Salary .........etc and ensure safety and security of life and property of Sr.citizen as well as other members,but Administrator fail to discharge duties on accounts of reasons best known to him,Kindly intimate What is to be done further,to ensure safety of Life & Property,& get defreeze the Bank accounts.

Associate R   27 January 2009 at 09:47

Documents for transfer of flat

Dear Experts!

I have a query. My Client is a widow based from Mumbai. She along with her husband own a flat and the share certificate bears their joint name (wife's name first). Husband expired later. Now the wife and daugthers want to transfer this flat into the name of his son for which they all have no objection. My query is that how to get the flat transferred into the name of son. Which documents need to be prepared for the same?

Thanks in advance.

jitendra   26 January 2009 at 22:09

registration of charitable trust

please kindly provide me information about the provisions and procedure regarding registration of a charitable trust under Trust Act .Thanks in advance

Sultan Salauddin Khan   26 January 2009 at 20:20

interim maintenance

can a wife get interim maintenance on the day of filing the case without hearing the opposite party under section125 of the C r P C?

Rathnakar P V   26 January 2009 at 12:31

Definition of family

Dear Friends,

What is the meaning(Consists off) of family Members under Registration Act.

ravi   26 January 2009 at 11:29

SERVICE TAX ON RENT

WE ARE A PRIVAT LIMITED COMPANY. WE TOOK A HOUSE FOR STAFF ACCOMMODATION FROM AN INDIVIDUAL.

THE RENT RS.50,000 PER MONTH. THE AGREEMENT SAYS RENT + TAXES IF ANY APPLICABLE LESS TDS IF ANY.

NOW PLEASE ADVISE WHETHER WE NEED TO PAY SERVICE TAX @12.36 ON RS.50,000 TO THE INDIVIDUAL OWNER

DO WE HAVE TO RECEIVE RECEIPT OR INVOICE FROM HIM FOR RS.50000+SERVICE TAX

IS IT NECESSARY FOR HIM TO GET SERVICE TAX REG NUMBER

Adv. Pankaj Patil   26 January 2009 at 09:47

can i file the complaint of defamation?

dear sir,
my client is a docter his wife and his father in law sent letter to his boss that the docter physically and mentaly harass to his wife and he is like demon and requested the boss to take his docter degree back
this letters was sent on 14th feb. 2008 and again same letters were sent in nov. 2008
can i file a complaint of defamation against wife and father in law of my client?

N.K.Assumi   26 January 2009 at 09:12

establishment of Law firm:

Dear All,
please guide me how to go about with the estabishment of law firm? Thanking you all in advance. Its really very important for me.

Praveen Kanungo   26 January 2009 at 08:11

Consumer Case

Dear Sir/Madam

Sir/Madam I am student of LLB we lodged a complaint against retailer in district consumer forum for defect in mobile.

Can I file complaint against retailer if he provide guarantee for 48-hour replacement in addition to 1-year replacement warranty of manufacturer?

He sell unknown brand mobile with this replacement guarantee, we have not any evidence in this connection, excepted few affidavit from consumers?

Any one provide me decide case law against retailer

Thanks & Regards
Praveen Kanungo