Replacement of defective product within warranty

raju (Querist) 13 December 2020 This query is : Resolved
Warer Gas geyser within warranty got defective and even after repair it's not working. Dealer not ready to replace or return of refund. Can approach consumer forum for defective product to be replaced or refund of money.

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Advocate Bhartesh goyal (Expert) 13 December 2020
Yes, dealer and manufacturer both are liable to remove defects or replace or refund the price of defective geyser within warranty period and if they deny to remove defects or replacement or refund of price then their such act comes under the purview of deficiency of services and unfare trade practice for which you can knock the doors of Consumer Forum agaist dealer and manufacturer and claim replacement or refund of price with compensation towards mental and physical agony .

R.K Nanda (Expert) 14 December 2020
Yes, you can file complaint in consumer forum.

Rajendra K Goyal (Expert) 14 December 2020
You can approach Consumer forum with a complaint against the dealer and manufacturer.

kavksatyanarayana (Expert) 14 December 2020
Yes. You can file a case before the consumer forum.

Sudhir Kumar, Advocate (Expert) 15 December 2020
Given facts indicate that you can approach consumer court.

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raju (Querist) 15 December 2020
Dealer repaired but still there is problem and using defective water Gas geyser can be dangerous. Dealer not ready to replace or refund.

Dr J C Vashista (Expert) 15 December 2020
Very well analysed, opined and advises by experts, I concur and appreciate.
Move concered consumer commission against dealer as well as manufacturer.

Message likes : 1 times

raju (Querist) 15 December 2020
Dealer replied that they are liable for repairs only and not for replacement as they don't manufacture.

Rajendra K Goyal (Expert) 16 December 2020
Approaching Consumer forum may fetch desired results.

raju (Querist) 16 December 2020
Ok thanks to experts.

Rajendra K Goyal (Expert) 17 December 2020
You are welcome, may revert in case of any subsequent information required on the query.

raju (Querist) 20 December 2020
letter through speed post. Written to dealer and manufacture to replace or refund amount as product within warranty got defective. Dealer repaired but product still defective and not replaced inspite of written request. Can I approach and file consumer case

Isaac Gabriel (Expert) 21 December 2020
Consumer commission is the right option.File case and also claim damages.

Guest (Expert) 21 December 2020
A Consumer Can not Claim Compensation for " Manufacturing Defect " from the Dealer as mentioned by Rajendra K Goyal Retired Banker.. Karnataka State Consumer Disputes Redressal Commission has held Setting Aside the Order of the Consumer Forum in the Case of "Siddhana Gouda C.Biradar VS RNS Motors on Nov 5th 2016

raju (Querist) 21 December 2020
I have GST Invoice Bill issued by dealer but the warranty card which was in the box is not signed or stamp affix on warranty card. My query is that GST INVOICE BILL is enough to prove in consumer court. Please advise urgently.

Rajendra K Goyal (Expert) 22 December 2020
GST and Invoice Bill are good proof of purchase, can be produced before the Consumer Forum.

raju (Querist) 23 December 2020
I filed consumer complaint u/s 12. Is this correct or it was to filed u/s 35 of RTI 2019.

Rajendra K Goyal (Expert) 26 December 2020
u/s 35 of Consumer Protection Act 2019.

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