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Consumer Case

(Querist) 26 January 2009 This query is : Resolved 
Dear Sir/Madam

Sir/Madam I am student of LLB we lodged a complaint against retailer in district consumer forum for defect in mobile.

Can I file complaint against retailer if he provide guarantee for 48-hour replacement in addition to 1-year replacement warranty of manufacturer?

He sell unknown brand mobile with this replacement guarantee, we have not any evidence in this connection, excepted few affidavit from consumers?

Any one provide me decide case law against retailer

Thanks & Regards
Praveen Kanungo
Srinivas.B.S.S.T (Expert) 26 January 2009
Have you obtained any receipt while purchasing the mobile. As per your version the retailer has promised for one year replacement warranty, if so the retailer might have issued a warrant bond to you isnt it?. On the basis of the warranty you can lodge a consumer complaint, seeking replacement of mobile or refund of amount.

sanjay singh thakur (Expert) 26 January 2009
Dear Praveen
From your queries it appears that you don't have proof of purchase and the same is very significant to prove your case. Moreover as you talk of number of people who can give Affidavit hence the Forum may rely upon the same but purchase Receipt is essential. Apart from this if you file the case on behalf of no. of Consumers then you must take permission of the Forum u/s 13 (1) (c) to avoid any technical defect in the case.
Sushil Kumar Bhatia (Expert) 26 January 2009
If there is bonafide manufacturing or working defect in your mobile phone send/lodge written complaint to the manufacturer/company and copy of complaint should be sent to retailer from where you have purchased the mobile for territorial jurisdiction for institution of the case inspite of your complaint the same not rectified within warranty period then to file consumer case and produce the product before forum at the time of filing or cognizance of complaint.If you have puchased product from grey market the same will be illegal.
M. PIRAVI PERUMAL (Expert) 27 January 2009
In case of defective mobile you have add the manufacturer of the mobile phone as a party to the complaint for effective adjudication.
RAKHI BUDHIRAJA ADVOCATE (Expert) 04 February 2009
I do agree with my all friends.

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