Problem under consumer protection act
Guest
(Querist) 11 November 2015
This query is : Resolved
I bought Xiaomi mobile in 2014 from flipkart online vendor. This was in October 2014, 28th. In August this year my mobile went dead due to charging issue in its circuit. battery wont go in on mode.
I gave mobile for warranty repair in NOIDA service center.They kept mobile for 1.5 month saying spares not supplied by company easily. On 28th October 2015 last day of warranty period they phoned and said mobile is repaired collect it.But it was not repaired and remain defective. Meanwhile company closed this center due to complaints.
I then contacted on service helpline and they ask me to send to Delhi service center. I did that . But they rang up 2 days after that and said battery needs replacement but your phone is out of warranty. I said it was deposited in warranty period to NOIDA center and they have failed to repair.
It seems it is planned fraud of this company Xiaomi.
It is bad product and refusal to do warranty replacement
I plan to file an FIR and also consumer complaint. I guess with nature of complaint and fact that company hides its address in India , right forum would be straight away NCDRC.
Kindly They sent battery request and parts request to Xiaomi but till date nothing has been done what can I do as my phone is out of order since August and company not repairing and returning it. They have not replied to my notices and refused to refund money.
Should I involve Flipkart also as they supplied me phone.? I have no address of Xiaomi India. Not available anywhere.
Please advise under what laws and sections should I move . Should file FIR also and should I go to NCDRC or district forum.
dev kapoor
(Expert) 12 November 2015
hello Dr.Gupta,
You have a genuine problem but don't think of lodging FIR that will rather multiply your troubles.It is otherwise better to invoke jurisdiction of Consumer Fora for (i) defective goods sold &/or (ii) deficiency in service hired..You are victim of both.
Your complaint will lie in a District Forum rather than NCDRC, which deals with cases of crores of rupees.
You file complaint, precisely stated the facts i.e how did you purchase mobile;how much money did you pay;mode of payment like Debit card etc etc & its proof;story of service at Noida;acts of omission and commission by Service Centre(s);proof of mode of correspondence etc etc(with a little more that you already said here); conduct of Service Center(s);a brief statement that it is a case,among others, of misleading Ads,selling defect product and having "Manufacturing defect" if any.
Look my dear,if it is not declared to have any manufacturing defect, manufacturer is not a necessary party and you need not implead it in your complaint.In that case make dealer/seller & service Center people as party.Don't claim whimsical damages/compensation.Be realistic and go ahead.
There is provision for filing on-line consumer complaint as well.
GOOD LUCK
Guest
(Querist) 12 November 2015
Sir Thanks a lot
I have invoice as proof for buying online from Flipkart as also online payment by citibank credit card.
I also have job order number of NOIDA service center
Also job order Number and copy of mobile receipt sent to their Delhi service center
I also have service helpline Lead number by which i was asked to send mobile again to Delhi center to complete repair
So I have all documentary proofs.
The problem arises as Xiaomi is hiding their address in India. They operate everything in air/internet. Their service center refused to provide me. On their website and product box also there is no address given. Even Flipkart office denied to give their address. That has made issues very serious and comes to a case of mass scale fraud. I have complained to Department of Commerce and Telecom both to probe the matter and make it legally mandatory for all firms having websites to furnish company details on website i.e. Principal office address, Chief Officer name, Customer relation manager name, email IDs and phone numbers and registration details of firms.
It is basically case of warranty service and denial since any good product can also get a defect . So company has to either repair or replace good in reasonable time.They have failed in it. They wasted 1.5 months , their NOIDA center could not repair and then told me now it is gone out of warranty. Hence this appears a cheating case in light of above issue
Moreover they refused to extend warranty as they have wasted 2 months on small defects and I could not use product in warranty period.
So thought that this all comes under purview of National forum only as District court cannot arbitrate on these issues. Besides it is matter of national issues and directions are to be given to union of India for taking necessary measures.
Hence I wanted both FIR and NCDRC complaint. NCDRC not only have a monetary jurisdiction but can also intervene on interpretation of ACT and giving general directions which District Forum cant give,
I suspect NOIDA center and Xiaomi India may destroy/delete their electronic records regarding this transaction so police case is must. And How to find company address? Not available anywhere.Polcie only can extract.
Based on above clarifications, now, kindly give your final opinion so I may take action. My Mobile is deposited at Delhi center of Service and not even in my custody.
dev kapoor
(Expert) 13 November 2015
Hi Doc,
Please renounce the idea of FIR.NCDRC has jurisdiction when a claim of more than a crore of rupees is maintainable.You hv ample evidence in your support.Make an averment in the complaint that address of Xiaomi(manufacturer)'s address could not be ascertained despite due efforts and the same can be furnished by opposite parties you have impleaded in your complaint.
Go ahead please.
Guest
(Querist) 13 November 2015
Okay sir. Taking action. Notice has already been sent today to their service email ID only thing available. Copies are being mailed by post to Flipkart HO and service center who repaired this
H.M.Patnaik
(Expert) 03 June 2016
Lot of electronics good manufacturer marketing products online adopt such methods to avoid Warranty replacement cost. The Retail invoice handed over to you at the time of supply of goods bears a VAT( Sales Tax) Regn. number , name & address of the selling dealer and through this means you can trace the missing address from the respective Sales Tax office.
