Company not providing after sales service

Querist : Anonymous (Querist) 07 April 2023 This query is : Resolved
Respected experts,
I purchased a tv that is under warranty, and there is no service center in my city as well as in my state, the companies service center is in Kolkata but I purchased the tv from a dealer in my city and now the dealer is not ready to repair the tv under warranty or provide me aftersales services and when I called via telephone directly to the company they said me to send the tv to Kolkata and during transportation, they will not be liable for any damage.
with the above situation please guide me on the best solution and who is liable for the repair of the tv. And is the dealers' liability to provide me service as my tv is under warranty?
or can I claim a warranty from the product seller when I don't have a service center in my city?

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Sudhir Kumar, Advocate Online

(Expert) 07 April 2023
please read the warranty card carefully with enlarged fonts. whether there is any consideration whereby they can call upon you to send the product to their center at your cost and risk.

kavksatyanarayana (Expert) 07 April 2023
What are the terms of the warranty card? If it is on their side, you may approach Consumer Forum. Better to consult a local lawyer.

Advocate Bhartesh goyal (Expert) 07 April 2023
Dealer and manufacturer both are jointly and severally liable to repair/replace defective product ( T.V ) in warranty period.Issue notice to both dealer and manufacturer and ask them to remove defects exists in T.V or replace the same,if notice is not complied with then file complaint before District Consumer Commission.

Querist : Anonymous (Querist) 07 April 2023
sir one more question the service provider is telling me to send the tv but is not willing to take responsibility in the transit so can I catch the dealer to fix my tv or replace my tv? the dealer is in the same city where I reside.

Advocate Bhartesh goyal (Expert) 08 April 2023
Yes,you can catch dealer for removal of defects existed or replacement of t.v. It's dealers responsibility also.

ashok kumar singh (Expert) 09 April 2023
lodge your complaint with District Consumer Disputes Redressal Commission, under Section 35 of the Consumer Protection Act 2019.

FORMAT OF CONSUMER COMPLAINT
BEFORE THE HON’BLE CONSUMER DISPUTES REDRESSAL
COMMISSION GUJARAT STATE, AHMEDABAD.
[Compliant under Section – 47, Consumer Protection Act 2019]

OR
BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL
COMMISSION ______________GUJARAT STATE.
[Compliant under Section – 35, Consumer Protection Act 2019]

1. Details of the Complainant
A. Full name: ________
B. Full Address:_______ Village/District/Taluka/City
C. Mobile No:
D. E-Mail:_____________
 If there is more than one complainant, then provide information of all
complainants for Sr. No. (A to D) above.
V/s.
2. Details of the Opponent
A) Full Name:________________
B)Full Address (With PIN Code No.)__ Village/District/Taluka/City
C) Phone /Mobile No._______
D) E-Mail Address: ____________
 If there is more than one opponent, then provide information of all
opponents for Sr. No. (A to D) above.
5
I/We, the complainant(s) is/are humbly request to the Hon’ble
State Commission/District Commission that, (Write down the details shown
in para (1)
(1)Submit all the details of the Complaint i.e. how; when and where the
cause of action arised (The events that took place should be mentioned
in chronological order, with the details of documents.)
A. If the complaint is regarding the defect of goods /Items, or about the
deficiency of service then provide details of deficiency/ type of
services and date/year of purchase of goods/ service received.
B. Details of the items/goods (provide information about
defect/supplying of less quantity of goods/items.)
C. Details of amount paid(The Xerox copies of Bill, Voucher, receipt, etc.
be attached)
D. If any guarantee/ warranty is there, then provide the detailed
information with Xerox copy.
(2)If the complaint is about to Unfair Trade Practice –
A. Show the type of unfair trade practice
B. Details of the damage suffered by the complainant. (Attach the Xerox
copy of the bill/voucher/receipt etc.)
(3)State the details of the complainant’s efforts to resolve his compliant
with the opponent.
A. Verbal try
B. Written correspondence/notice
C. For E-Commerce related matter, Token number given by the Ecommerce platform.
D. What was the result of the efforts for solution? Provide documentary
evidence.
(4)The District/State Commission has the power to file complaint, because
of,
A. Cause of action/residence of the complainant/place of business of
the other side-opponent/residence is under the jurisdiction of the
District/State Commission.
B. The claim amount is up to 1 Crore/ more than Rs. 1 Crore and up to
Rs. 10 Crore. (Strike out whichever is not applicable)
6
(5)Statement of the complainant that he/she has not filed any complaint in
any other Court/Tribunal/Commission regarding this complaint. And if
filed, what was the result? If the documentary evidence is there, state
the details.
(6)Any other details that consumer want to submit.
(7)This complaint is filed within the limitation under Section 69 of
Consumer Protection Act, 2019.

OR
 As appeal is time barred, the Delay Condone application for delay of
________ days is attached with this application. (Strike out whichever is not
applicable).
(8)Prayer of the Complainant
If the complainant wants to get one of the following or any other prayer,
then mention it.
A. To get the refund of the price or charges paid.
B. To replace the goods with new goods.
C. To remove the defects in goods.
D. To get compensation for deficiency in service/negligence of the
opponent.
E. To get the amount for mental torture and cost of complaint.
F. To get the unpaid/less paid insurance claim amount with interest
thereon.
G. Details of other prayer, if any.
(If there is case of complainant to get compensation then provide
the calculation regarding the compensation sought for)
(9)Details of fees paid at the time of filing the complaint
Claim amount Rs. ________ Fees Rs.__________
Demand Draft No. ________ Date _________
RTGS/NEFT __________
7
(10) If the complaint is to be lodged through an authorized
Representative/ Advocate/ A voluntary Consumer Association registered
under law then provide following details.
Name: ______
Full Address (with PIN code Number): _______
Mobile No.: __________ E-Mail: _______
(11) I _____________________, hereby declare that the, above mentioned
information is true and correct to the best of my knowledge and belief.
Place: _______ Sign of Complainant
Encl.
1. Proof of amount deposited.
2. List of documentary evidences.
3. Vakalatnama if Advocate is engaged.

T. Kalaiselvan, Advocate (Expert) 09 April 2023
First issue a legal notice both to the dealer and the manufacturer venting out your grievances due to the defective product or the product being damaged during the warranty period.,
If you don't get any response then you can approach consumer commission with a complaint for deficiency in service, unfair trade practice and for compensation for causing mental agony.

P. Venu (Expert) 14 April 2023
Yes, the remedy lies in approaching the Consumer Forum. As the first step, you may issue a legal notice; that itself may solve the problem.