Consumer complaint file
Harsh Katara
(Querist) 20 March 2015
This query is : Resolved
Hi, it has been 4 months after purchase of smartphone, its touch got spoiled, on 19th jan 2015 I submitted to local service center, but it was returned back to local service center without being repaired by HO service center & again I submitted it & again it was returned to local service center with a new problem created by them. This has been done 4 times in roll in period of 2 months, but no action has been taken seriously, I have written mails to company, registered complains but still they are not doing it sincerely. Please help how to sue them for their negligence during warranty service. How should I use the benefit of consumer court to sue them.
Devajyoti Barman
(Expert) 20 March 2015
Do not run after the company anymore.
File a case in consumer forum. You will get justice soon.
Kumar Doab
(Expert) 20 March 2015
Issue the final notice to local Head,MD of the company clearly mentioning your demands and set a time line, compensation etc......
Thereafter you can approach DCDRF.
It shall be appropriate to proceed under the guidance of a lawyer dealing in consumer cases....
Kappil Cchandna
(Expert) 21 March 2015
Sir,
Send a legal notice to the company and Attach a complaint marked to the IT ministry and other bodies which provide license to the company ....
Then see what happens ....
Regards
Kapil Chandna Adv 9899011450
Dr J C Vashista
(Expert) 21 March 2015
Notice will hardly serve the purpose, wastage of time, efforts and money and it not required before filing consumer complaint, proceed against vendor, service station and manufacturer.
Advocate Bhartesh goyal
(Expert) 21 March 2015
I completely agree with Dr Vashista.Notice will hardly serve the purpose.File complaint against manufacturer,service center and dealer before Consumer Forum and claim replacement of defective smartphone along with compensation
Rajendra K Goyal
(Expert) 21 March 2015
Lodge complaint with the district consumer disputes redressal forum.
Harsh Katara
(Querist) 21 March 2015
Thank sir for your quick and kind reply. Since I have purchased it through online from Snapdeal.com, & this is a warranty issue and not a manufacture defect, the free warranty service that the manufacturer claims to provide is not fulfilling their commitment and just delaying it and not providing proper resolution instead harassing me that is making them calls after calls, emails after emails.
The local service center says we are just courier service passing to HO & they repairing and sending back. I told I will file a case they are like go ahead, no fear absolute at all.
I am very much confused, how to proceed with this. I stay in Mumbai. Maufacturer in Delhi, purchased online through Snapdeal, please help me how to file case and against whom? Please help..
Devajyoti Barman
(Expert) 21 March 2015
Refer to the terms of the agreement in SNAPDEAL.
The site must have limited its jurisdiction to a particular place wherein only you have to file the case.
Kumar Doab
(Expert) 21 March 2015
As suggested by Mr.Barman show the agreement to your lawyer. Your lawyer can help you to counter the objections and agitate at your location.
Harsh Katara
(Querist) 21 March 2015
Last query sir, should i consult a lawyer or should i directly file a case against micromax in consumer forum. Can it be done online?
Dalip Singh
(Expert) 21 March 2015
You can file the complaint yourself but by engaging a counsel you would be benefited because he will also claim compensation and legal expenses. All the more, when the case will start and when the opposite party will engage the counsel, you have to appoint an advocate. It is always better to engage a counsel in your own interest.
Harsh Katara
(Querist) 21 March 2015
Thanks all for your replies. Highly Appreciated,I want to be responsible citizen & file a case against all instead of backing down because of lack of time. But my only problem is I am new to Mumbai so don't have much of contacts. Can anyone refer my counsel who can file a case on my behalf.
Harsh Katara
(Querist) 21 March 2015
Thanks all for your replies. Highly Appreciated,I want to be responsible citizen & file a case against all instead of backing down because of lack of time. But my only problem is I am new to Mumbai so don't have much of contacts. Can anyone refer my counsel who can file a case on my behalf.
Advocate M.Bhadra
(Expert) 21 March 2015
Better to send a Legal Notice to calling them to replace by a new one, failing which you can send a complaint to the Consumer Affairs Department in your State. Filing a case in Consumer Forum you can conduct personally otherwise through a lawyer may cost beyond your purchase amount.
Devajyoti Barman
(Expert) 22 March 2015
it is always better to take help of a lawyer.
T. Kalaiselvan, Advocate
(Expert) 22 March 2015
Even for drafting a proper legal notice, you should have taken the assistance of a local lawyer, who would have been able to guide you further on all the issues including jurisdictional matters. Thus, instead of taking opinions from here but going out in wrong direction due to lack of knowledge about the further proceedings, better consult a lawyer and achieve the desired object.
Harsh Katara
(Querist) 23 March 2015
I have not send a legal notice yet but have filed complaint http://www.core.nic.in/Complainant/MyComplaints.aspx maintained by govt. Hope it works
Kumar Doab
(Expert) 23 March 2015
You may certainly Hope.
Hope sustains life.
