Consumer Act
Praveen Kanungo
(Querist) 27 January 2009
This query is : Resolved
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
Jainodin shaikh
(Expert) 27 January 2009
It seems that there is Manufaturing Defect in your handset.
The retailler is not in any way responsible for replacing the handset.
Your handset is under Warranty; it is better for you the visit the Service Centre and collect the JobSheet.
If they fails to repair the defect in time then and then only you can file a cnmplaint u/s 12 of The Consumer Protection Act against the Manufacturing Company and the Retailer.
PALNITKAR V.V.
(Expert) 27 January 2009
Why to get the repaired phone if the warranty is that of replacement? Send a notice to the manufacturer requiring it to replace the set. If you do not get proper responce then you may approach the Consumer forum.
smilingadvocate
(Expert) 29 January 2009
My friend now days how the consumer has become vigilant the way the manufacturer and the business men has become more wise, as such they have introduced warranty in place of guarantee no company is giving guarantee of any article or replacement inplace of other if any of the small part is damaged and the consumer fora is also uphelds that when the warranty is pending no excnahnge can be claimed.
