Dearest reader,
I have gone through your query and I am here to provide you with a piece of advice that might help you out.
Firstly, I would like to tell you that the claim of the company that the phone is 100% waterproof forms an essential part of the contract as per the provisions of the Consumer Protection Act,2019. If the company doesn’t want to comply with the condition of being 100% waterproof, then this can lead to legal complications, as you, being the consumer, have the right to fight against this as per Section 2(47) of the Act, mentioning about the unfair trade practices.
You can file a petition against the company as per the concept mentioned under Section 2(11) of the Consumer Protection Act, 2019 as the product wasn’t able to meet the reasonable expectations regarding the quality and durability, which the company has promised.
As per my knowledge, you are allowed to move to the court seeking redressal for this service deficiency. You can move to the Consumer Disputes Redressal Commission of your locality stating Section 35 of the Consumer Protection Act,2019 as the product didn’t perform as it was advertised, further requesting the replacement or repair or you can also go with the refund.
Referring to the case of Consumer Education & Research Society v. Tata Motors Ltd. (2006) might help as in this case, it was held that the consumer is entitled to relief if the product doesn’t meet the expectations that the advertisement has set.
Rest, the warranty scheme excludes the damage caused by the water as it contradicts the marketing claims.
At last, I would like to suggest you file a petition against the company under the provisions that I have mentioned above to get easy access to justice.