Consumer protection
Rahul Das (shankey)
(Querist) 22 June 2013
This query is : Resolved
Hello!
Recently i have purchase a mobile costing 4000 rupees but it was found defective the next day only. we went to the dealer but we have been sent back to the service center. The service center took the mobile phone but they are not returning the same instead of repeated requesting. Nor they are allotting me a new phone. We have an Invoice of the purchase and Service center receipt copy for receipt of the mobile phone. We want to file a case in the state forum now. Please advice me what is the procedure to file a case in the state consumer dispute redressal forum.
Advocate M.Bhadra
(Expert) 22 June 2013
Send a Legal Notice to the the Dealer and Service Center claiming new one or return money,failing which you can file a case in District Consumer Forum.But it is not desireable to bear litigation cost for a mobile valued of Rs.4000/-.
prabhakar singh
(Expert) 22 June 2013
Try a little more before you plan to file claim before consumer forum.
What are the service center people saying.?
Sudhir Kumar, Advocate
(Expert) 23 June 2013
when they are replacing the phone then what cause you have to go to court.
Anyway consumer court should also have change to use their power to dismiss complaint with cost. So go ahead.
K.K.Ganguly
(Expert) 25 June 2013
1. Was it a manufacturing defect? Or it bacame defective due to mis handling?
2. What is written in the guarantee card in case of defects found in the set? Is it written that such defective sets will be replaced or repaired?>
3. Since you have already gone & deposited the defective set with the service centre, it is implied that you have already accepted that the set will be repaired,
4. Service centres do not allot fresh sets. Service centres are set for repairing only,
5. However, if it is written in the guarantee card that defective sets will be replaced, file an application before the local District Consumer Dispute Redressal Forum alleging deficiency in service and unfair trade practice followed by the Company claiming refund of the price of the set or allotment of a fresh set, damage & cost.
Rahul Das (shankey)
(Querist) 28 June 2013
Thanks For all your useful advice. the defect have been resolved and i received the phone in good condition. and they have given me a new data cable too. Problem was resolved and i am using it now.
Regards
