Who will be the opposite party ?

the company will be the 1st party and the servicing centre as second party.

Sir, 

Send them a legal notice and claim compensation for the harrasment caused. 

Warm Regards 

Kapil Chandna Advocate 

9899011450

seek replacement with a new one plus compensation for mental agony and costs

Both the company as well as the service center shall be necessary parties to the said case.

Augustine Chatterjee

Advocate & Solcitor at Law

9999931153

@Ramesh Singh

yes it is still under warranty .

When you name the Opposite Party the address location of the party is also important, because that will decide the consumer forum having jurisdiction. It may be convenient to you if you give the service centre as opposite party. You also include the manufacturer and flipkart as opposite parties. It will be better if you claim full refund plus other compensations as suggested by other experts. Flipkart also has what is known as 'vicarious liability'.

@dr. mps ramani

Regarding "Flipkart also has what is known as 'vicarious liability'."

I already have made xiaomi , it's service center and flipkart as opposite party . My question is  how to go on persuing my case against Flipkart .

I contacted flipkart to know about xiaomi's corporate address and contact and they refused to give it and in the end they said , wait for more time , xiaomi is only asking for more time. Even after two months , they are saying xiaomi is asking for more time !

Could you give a few examples about 'vicarious liability' and how to persue it .

In your complaint format give your own name with address as Complainant. Give the names with addresses of (1) Service Centre, (2) Manufacturer and (3) Flipkart as Opposite Parties (1), (2) and (3) respectively. Of late Flipkart is heavily advertising on TV and other media about their 6 or 7 stage quality control. In the text of your complaint you mention what is the role of each Opposite Party  and they are jointly and severally accountable to you.

If you want at first you send a direct complaint to flipkart by email and if they do not reply or their reply was not satisfactory, file the Complainant before the Consumer Forum. I have seen in other cases, specifically regarding mobile, Flipkart takes prompt action because unlike the local service centre they care for their own image. 

@dr. mps ramani .

i have emailed to flipkart . and flipkart refused to provide complete corporate contact information , they are saying coordinate with xiamo service center.

I contacted both xiaomi and flipkart by emails.

Xiaomi in email said they cannot help , asked to visit service center , service center said they are not getting spares from company and it has been two months since i submitted the phone.

Not only that xiaomi does not rely my emails properly and when it does they give generic copy and paste message, they say wait for some more time  and same can be said about flipkart .

I have told flipkart flipkart about incident and how xiaomi service center miss behaved with my sister and acted rudely.

Flipkrat shrugged off by saying , the are only asking for some more time and asked me to coordinate with xiamoi and it's service center

Incase of xiaomi service center I asked them if they will give in writing that the will give my phone by end of august but they declined .

After wasiting for 45 days and 20 days of email exchange , i was forced to buy a new phone .

Xiaomi cetner staffs are rude and incosinderated . They said that they do not care if i file a complaint.

xiaomi does not care about it . I have visited many forum related to phone and technology , and majority of people have same issues with xiaomi.

I have also written on facebook regarding xiaomi but they did not anything.

I already have filed the petition at consumer forum . Xiaomi , service center and flipkart were opposite party.

so What arguements can I make about flipkart's laiblity and Regarding "vicarious liability"

I have told both xiaomi and flipkart in emails what i will take legal action against them, but it seems they do not care about it. I also requested for refund but neither xiaomi nor flipkart took my complaint seriously .

Because of xiaomi i was forced to by new phone .

@ dr mps ramani

this is what flipkart wrote "Hi Vijayendra,

Order Id: OD304558291368386000
Product: Redmi 2 Prime


This is regarding the concern that you had raised for the above mentioned product. We apologize for the inconvenience caused.

As per the details,would request to get the product serviced from the service center as they are not denying for the services but asking for some time,kindly have a follow up with them."

In legal matters an emotional approach will not help. You have to be patient. Going to court is a last resort. I do not find anything wrong with the way Flipkart has responded. Parties who want to sell their products register themselves with Flipkart . The portal will be receiving thousands of complaints. They have to investigate each case through their contact channels. They take action against the party only as a last resort. That is why they are asking for time. You have to be patent. It is your misfortune that you got a wrong product. Some inconvenience to you is inevitabe. Be patient. If and when you file your complaint include Flipkart also as an Opposite party. Otherwise do not expect them to act directly. "Vicarious liability" is a legal term. If you mention that,  court will understand. If you yourself want to know the meaning type 'vicarious liability' under Google and get all the meanings.

By the way are you from Bihar? Did you have a complaint against BSNL?

@dr. mps ramani, i contacted flipkart because xiaomi has not given corporate contact details, and i wanted to talk to them and one cannot reach anyone xiaomi's toll free number and xiaomi does not reply to emails properly, my last email was sent two weks ago,even after two weeks xiaomi has not replied back to my email. Upon contacting flipkart they said they will resolve the issue and said they cannot give me corporate contact details as it's not in their policy and after 15 days they said coordinate with service center.

when i bought xiaomi's phone, flipkart was exclusive partner and flipkart was directly selling the procut .

xiaomi is saying for last two months, give us some more time,thought expected date of retun was within 15 days . Whenever my sister went to collect phone they said they need more time, i said give in writing or refund money they said go complain where you wish .

I searched google and came to know that xiaomi is not giving proper services and whatever repair it does it will not last and one of my friend who had bought xiaomi's product in past told me stay away from that product , he also faced this issue.

Because of service center rude and insulting behaviour and also because xiaomi failed to reply my emails , I bought new phone.

"Vicarious liability"  i have serached on google , but could not find anything related to consumer forum. Most of them are regarding medical negligence, work place and ipc.

I do not wish to flile complaints and run to forum because of my health issues , I am using this as last resort only after when two months have passed and when xiaomi's employee misbehaved with my sister and do not have gave me proper answer when they will retun my phone .

yes I have complaint against BSNL , you had helped me with that , which is going on super slowly , I am not sure why forum is favouring opposite party lawyer and giving time to enter written statement. Despite the fact that I already have given and cited Supreme Court’s Judgment Civil Appeal 7975/2001 and NCDRC judgement 628 of 2015. Which clearly states not to give more than 90 days . Interstingly even thought opposite party lawyer is in court , most of the time he does not come to represent , because of that I had asked in this forum regarding Interlocutory Application.