Business laws
crpc
(Querist) 26 December 2015
This query is : Resolved
Dear Sir,
With due respect I require a learned suggestion from all learned counsels of this site -
I purchased lenovo mobile handset in april 2015, my handset has dropped and little scratch was created.Now I required a software upgrade which can be from website as well, but on website They dont have same software. I visited then the service center , they denied with physical damage. Kindly suggest -
1. Definition of physical damage as per business lws.
2. Reference if any is there.
3. Best remedy can be applicable to get proper services.
At the final note it seems a procrastination with lame excuses.
Please accept my thanks in advance.
Regards.
CrPC
Rajendra K Goyal
(Expert) 26 December 2015
Send e-mail and registered letter to the head office of company and dealer for repairing (if covered under terms) and updating with software / doing the needful.
If no response, file consumer complaint.
For details / definition etc., refer the booklet if received any with set or company site.
Guest
(Expert) 26 December 2015
Not a legal problem. For software problem, you may better consult some s/w engineer. For repair, get in touch with the authorised service centre of the concerned company.
As a final note, your questions have no relevance, as you have not discussed what action you have taken so far and what is the final outcome of your own efforts. Moreover, you have not mention for what purpose you desire definition, reference and procrastination on whose part and for what you have noticed?
crpc
(Querist) 26 December 2015
Honorable Learned Advocates,
Please accept my thanks for above suggestion and helping me. Additionally find said information & provide genuine action with reference if any so that I can get genuine and justified services-
Action Taken:Effort & Result - 1. Moved to service center. Result: Denied with the statement "Even a scratch come under physical damage". Requested Rs 285 for the service.
2. Contacted to customer care: Repeated same.
Final Outcome : Denied with even a single scratch statement.
Purpose of definition: To verify the correct definition and achieving genuine service as per laws applicable in India.
Procrastination on whose part: Company service center & customer care.
What Noticed: Fooling customer to earn more business.
Kindly suggest further.
Thanks
crpc
(Querist) 26 December 2015
Just to set it open status
Guest
(Expert) 26 December 2015
Mr. pseudonymously named CrPC,
When you are yourself the CrPC, where is the need for any legal help for you?
As a law student, just think whether the company can be held responsible for your own careless handling of the mobile phone when dropped from your own possession. Neither company has dropped the mobile, nor the service providers of the service centre.
If as a law student, you do not know the meaning of the term, "physical" or "damage", none else can be blamed. Although the terms can very easily be found in some middle or high school standard dictionary, but better take help of a law dictionary.
By the way, what you will do with any reference even if provided to you, when you would not be able to present your case appropriately in the court of law, as you cannot even distinguish between the terms of self inflicted physical damage and manufacturing defect at the company's part.
Even if you knock the door of a court, instead of proving that the company fooled customers, the company can very easily prove that you tried to befool the company in a bid to get free service for the damage done at your end.
So, better take help of your own class teacher for solving your academic questions, if you are unable to decipher even general terms for the purpose of understanding legal implications of events.
Good luck!
crpc
(Querist) 26 December 2015
Sir, Thanks for prompt response.I dont feel there is any need for any personal comment, but FYI i am not any law personal or student. I very well understand the terms, talked here. As it lies in software section, probably you lack to understant the issue at company maufacturing defect and all. The point to be noted that we are not rquesting to recover physical damage and we are not claiming it as defecting manufacturing. We are requesting a updated software which company provide to all customers freely. Thats little scratch does not put any additional cost to provide that updated software as said in indian contract act 1872. Its all service center extra smartness to earn more business and if they are so true and genuine why they denied to provide same in writing ? Thanks a lot for help.
crpc
(Querist) 26 December 2015
Open status
crpc
(Querist) 26 December 2015
Open status
Devajyoti Barman
(Expert) 27 December 2015
Is this your own problem? I do not think so.
Kumar Doab
(Expert) 27 December 2015
The service center has already provided a reply to you and also the charges for the service and support desired by you.
You can write to Head Office of the company and ask if the action of its service center is approved and accepted by the company.
Thereafter if you are not satisfied move court.
Guest
(Expert) 27 December 2015
OK, go ahead with filing a court case against the company. As you assume, the experts may not be so talented like you to help you and may also be lacking in understanding what is physical damage made by you, as a customer and what can be the manufacturing defect on the part of the company.
BEST OF LUCK.
Kumar Doab
(Expert) 27 December 2015
You seem to be convinced and confident with your version.
The experts have post sufficient advise.
If they are declining to give in writing ,record their statements and send to HO of the company.
Let company also state that software is free or chargeable.
If you are not satisfied, move court.
Best of Luck.
K.S.Srinivas
(Expert) 31 December 2015
Luck may favour in your efforts.
