Risk of sending the product for repair.

Querist : Anonymous (Querist) 16 March 2022 This query is : Resolved
Respected Lawyers
I purchased a mattress from a store and within a month it started sagging and also had pungent chemical smells. I reported the case to shop and manufacturer and they picked up the mattress to their factory. They said that had repaired the mattress by replacing the foams inside mattress. The product was shipped back to me. Within a week the mattress started sagging again and also the same chemical smell. I called the shop and manufacturer about the same and asked for refund, to this they are saying refund is not possible and I need to send the mattress again to the factory for repair.
Now I am not comfortable to send it back as I doubt their intention. When mattress is inside their factory they can make a false claim something like water damage etc to reject the claim.
Also if they claim any such thing will it be difficult for me to file a consumer case against them?
will it be a week case?
Should I straight away file a consumer case against them?

Thanks and Best Regards

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Advocate Bhartesh goyal (Expert) 17 March 2022
Once you have made complaint to dealer and dealer had tried to remove defects in mattresses but could not succeed due to existence of manufacturing defects Now you need not to send it again for repair.you should file complaint before District Consumer Commission against dealer and manufacturer and claim cost of mattresses and compensation towards mental and physical agony.

kavksatyanarayana (Expert) 17 March 2022
Yes. You shall file a case in District Consumer Forum of your district.

Dr J C Vashista (Expert) 19 March 2022
Before moving to competent consumer disputes redressal commission you should again explore possibility of getting the defect removed by manufacturer through shopkeeper.

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