Consumer Act compliance: Purchased a phone without box or product information
RTI on Product Information I purchased a replacement mobile phone which did not come in a box to show product information. So, I reached out to the customer care chat in their website to know the manufacture month and year. The advisor informed me that they could not find the manufacture month, year for my Phone IMEI no. Under which all sections of the Consumer Act is this company non-compliant? Thank you.
From which online site you have purchased this phone. You must have email confirmation from the seller. For any defect you will get the benefit of doubt.
It is not the consumer protection act but it is Weight & Measure Act which mandates the manufacture year
The invoice is good enough for file a consumer complaint , as delar is not ready to resolve problem of overheating of your phone . This tantamount defenciency in service . You had a good case.
There is no specific section under the Consumer Protection Act, 1986 which makes a company liable of non-complaint for merely not providing information on its manufactured date and all. If you have any problem with the good (which you do here with the mobile) you can ask the company for clarification. Since the company is not at all cooperating with you, you had the right to file an RTI, which I think you have already done. If the company do not provide with a clarification within 30 days, you can use their non-reply as a sword in your case instead of a shield in front of the forum. You can put forth the contention that if the product is a legit one, then it should have all the essential product information documented and there should be no harm in sharing that information with the person who has purchased that product.
The purpose of coming up with this Act and Consumer Forums is to help the consumers have a legal recourse against the companies whose goods are being bought, so that there is a checking mechanism installed so that the companies owe a responsibility for their products sold to the consumers. The answer to this question may not be solved by the Consumer Protection Act, 1986 per se, but this Act along with certain provisions of the Sale of Goods Act, 1930 gives you enough legal backing to your case.
Hope this helps!
In my humble opinion, any defect/deficiency in goods/services by the seller or service provider can be redressed before the appropriate Consumer Forum if the seller fails to make good the defect/deficiency. In the present case, if the product purchased for a certain value and has the necessary document to prove it, is defective, will certainly attract the provisions of Consumer Protection Act. The complaint should be against the party from whom the goods were purchased, i.e. the authorised dealer.
Every Company manufacturing any electronic gadget or for that matter any kind of appliance or device, mandatorily provides a user manual specifying the necessary details of its manufacture, specification, user instructions etc. If you haven't got the user manual along with your product, do demand it from the Company. Secondly, even otherwise, no company can deny to provide the basic information about the product by saying that it is private and confidential. Therefore, preserve a written record of your correspondence with the Company for its lapses before proceeding ahead in a Court of Law.
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