Consumer case against Mobile Company
I recently bought a LeTv mobile phone which showed problems from the 11th day. The authorised service centre told me that policy for refund or replacement is within 10 days. However then I agreed for repair under warranty. The. They told that it will take 10-15 days as the do not reoair the same and the mobile will be forwarded to Bangalore where it will get repaired. Then what is the meaning of service centre? I agreed to that tok and my mobile was returned after 10 days. But again after 8 days it showed another problem. Due to the long time taken in repair i have to be without a smartphone for a long time which causes trouble in my daily routine. In addition to that the phone seems defective as it has not been even a month and it showed problems 2 times. I want to claim refund for the defective mobile. What actions can I take? I contacted their customer care and they rejected by saying that the policy for return is only for 10 days. Please help me on the same and oblige me.
Can you share the warranty booklet with me so that I can guide you.
Irrespective of what the warranty booklet says, you can approach the consumer forum to seek replacement. However, send a legal notice to the company before filing a complaint in district consumer forum.
since your mobile phone is still under warranty. i will suggest you to send a legal notice first as soon as possible to the concern company. once, the it s been sent wait for their reply. if the answer is not satisfying then kindly move to the district consumer forum and file a complaint.
for further directions in detail kindly contact ADV. Twinkle Kataria
To initiate any legal proceeding against the seller, the first step is to establish yourself as a consumer and to prove that there has been deficiency of service on the part of the seller.
As per Consumer Protection Act, 1986, a consumer is any person who buys any good for a consideration or who avails any service for a consideration. In this case, the watch being the ‘good’ and the amount paid by you for the same being the ‘consideration’, it is clearly established that you are the consumer of the seller in question.
“Deficiency” in service is any inadequacy in relation to any service.  In this case, the seller has not adequately provided his service by failing to provide refund without any intimation or communication. Hence, you must establish that there has been deficiency of service on the part of the seller.
The Court has held that ‘warranty’ has been considered as a part of service provided by the seller and failure of the seller to provide with replacement within the prescribed time was held by the Hon’ble court to be ‘deficiency of service’.
You can give a ‘Notice’ (sample available here: http://www.consumergrievance.com/icrpc.org.notice.htm) to the seller conveying your intention that if he does not settle the matter amicably, as desired by you, you will be left with no other alternative than to initiate a legal action against him. Although such a Notice is not mandatory, it is considered to be an advisable step before a legal action is brought. Such a notice can be given either by you or by your lawyer, but it is observed that the party at fault often provides relief and need of a court action ends, if the notice is sent by the aggrieved person himself, as it is less rigid. A copy of such Notice must be recorded for subsequent reference. There is no particular format for such Notice. It should, however, convey: The details of the transaction complained of; Earlier negotiation or correspondence in that connection; The specific grievance of the consumer; and Relief expected by the consumer from the other side.
If you are not satisfied with the seller’s response to your notice you may file a complaint against the seller before the District Forum (https://indiankanoon.org/doc/1094200/), or the State Commission (https://indiankanoon.org/doc/1749394/) or the National Commission (https://indiankanoon.org/doc/86602/), based on their respective jurisdictions and the present case.
A complaint is to consist of the following parts:
1. Heading includes name of the Forum/Commission in which the complaint is made and the no. And year of complaint
2. Title includes the name, description, place of residence of the opposition party/parties.
3. The body of the complaint
4. Jurisdiction of the respective Forum/Commission
5. Relief claimed
6. Signature and Verification:
i. Signature of the Complainant/Advocate
ii. Verification of the Complainant
iii. Mention of place and date of signing.
7. Affidavit, accompanying the complaint (not mandatory but preferred).
A copy of the complaint is to be forwarded to the opposite party, i.e., the seller in this case, so that they can know about it and reply the same.
 S. 2(1)(d); Available at: https://indiankanoon.org/doc/1516524/.
 S. 2(1)(g) of Consumer Protection Act, 1986.
 Blue Star Ltd. v. District Rural Development Agency I (1999) CPJ 143 (Punjab SCDRC).
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