Consumer Case
Praveen Kanungo
(Querist) 27 January 2009
This query is : Resolved
I am great thankful to all of you to promptly reply my query
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 ( 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)
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.
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.
Some point must be taken :-
1. I purchase that mobile only believed the big brand of Mobile Retailer
2. I believed the 48 hours replacement guarantee provided by retailer
3. 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
4. They could not provide any written guarantee card only say we stay here solve your problem you must believe our brand
5. 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?
PALNITKAR V.V.
(Expert) 28 January 2009
If the company has not given any written guarantee, you will not get any replacement of handset.You may get some relief from the dealer as he misrepresented you, if the witnesses testify about the cheating and misrepresentation. You ought to have filed a case of cheating also.
