consumer protection

Guest (Querist) 15 November 2009 This query is : Resolved
Dear friends,

i am guddoo Yadav,from mumbai. i have many doubts and queries and expects that every one will help me.
i am a college student persuing fybsc through correspondance and working full time due to some financial problem

The reason for help and suggestion is that i have filled a complaint against Reliance Communication in Consumer forum Thane for " Not replacement of Handset within Warranty period" from Reliance gallery by demanding cover box of mobile.

The reliance gallery has given a written statement of not replacement of the mobile without cover box of mobile, while other reliance gallery says that they do the replacement wihtout cover box of mobile.
and they also provided me a written statement of their statements.
when i contact to the customer care of reliance they are not providing me any help . so finally i reach to the consumer forum.
Now this reliance gallery says that they are a telecom operator and the customer is in no way customer of the Opposite party for hand set.

I want to know if the they are not responsible for the replacement of mobile then who's responsible.

i have some question and want to know some rules;
1) Section 7-B of the Indian Telegraph act, 1885. of Supereme court of india.

I hope for guidance about this matter.
pls. help me and
The Case is filled in 2008 and it is more than 1 yrs. but the matter is not solved and the Judges are not deciding even not helping to me.

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Raj Kumar Makkad (Expert) 15 November 2009
Such cases take a considerable time. Do not expetc any direct help from 'judges'. So far as your complaint and quarry is concerned, reliance company has taken a specific stand that under section 7 B of telegraph Act they do not come under CP Act as they are only serivce providers. Now onus shifts towards you to establish that your complaint is not against service provider rather against the manufacturer or seller of the mobile set and further that section 7 B of telegraph Act has nothing to do in the present matter and manufacturer or seller cannot exonerate from their liability from deficiency of service.

adv. rajeev ( rajoo ) (Expert) 21 November 2009
Manufacturer of the Hand set is liable to replace the hand set.

Sachin Bhatia (Expert) 21 November 2009
In this case Reliance in not only telephone operator but they are also manufacture of the Hand set & Manufacturer of the Hand set is liable to replace the hand set if it is in warranty.

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