non replacement of mobile having defect

Querist : Anonymous (Querist) 14 January 2010 This query is : Resolved
My wife Meeta Singh had purchased one samsung star mobile set (Model S5233)from UniverCell shop at Koppikar Road Hubli vide Invoice No. UKA400796 dated 06/09/2009 by paying Rs. 8900/- in cash. But since day one the set get hang while dialling/ receiving call. This is happening atleast 8-10 times in a day since begining. I have reported this defect to the hubli shop, but they had told me that they are responsile for sale only. They are no where concerned with the service. Quote of the manager Mr. Sudhir:-"I have sold the item and my responsibily is over. If you have any problem with the set, please contact samsung service centre". I am stayibg at Dharwad which is 20-25 km away from the said shop as well as samsung service centre. However in the month of October'09 I had reported with my said mobile set to the samsung service centre. They had updated software of the set and handed over to me. But since defect was still unresolved, I had requested to the mentioned shop to please get it rectified. After several request, at last they had agreed to take my phone for service. In the month of Nov.'09 after holding my phone for 10-11 days, they have handed over the set to me with the remarks that "if it continues we will arrange to replace the same". In the mean time I had left for my native place for some personal work for around 25 days. but the problems were continued with the set. Any way in the month of December'09, I had further reported to the shop about the defect. At this time they had taken my phone for 5 days and given back after geting serviced by samsung service centre.

But unfortunately that defects continues. On reporting to the shop as well as to samsung and univercell customer care I was told to submit the phone to the shop.

I had deposited the set to the shop on 30th Dec'09. But since then I am daily trying to contact shop manager but he is not picking up my phone. One customer care executive Miss Lata had suggested me to call UniverCell state head Mr. Balaji as she is also not able to contact Mr. Shop Manager However at last Mr. shop manager has picked up my phone and told that there is no any problems with the phone.

At this stage I am not able to understand what to do?

Please suggest me what to do?

Regards

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R.R. KRISHNAA (Expert) 14 January 2010
If the problem persists in the mobile, you can issue a legal notice for deficiency in service against the samsung service centre. Mark a copy of the legal notice to univercell also. If they fail to replace the instrument or rectify the defect, you shall thereafter lodge a complaint before the consumer court against samsung service centre and by also making univercell as necessary party to the proceedings.

A V Vishal (Expert) 14 January 2010
The shopkeeper cannot absolve himself by saying that his responsibility ceases once the sale is over, infact his responsibility begins there. I suggest you to send a legal notice both to the dealer and the manufacturer through an advocate and in case they refuse to attend/rectify the problem then proceed under the Consumer Protection Act against both for deficiency of service.