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Can I litigate for selling me a defective product


29-Sep-2023 (In Consumer Court Law)
I bought a used smartphone through Quikr,unfortunately without buyer protection,from an individual.During purchase,everything was working except USB OTG.When objected,the seller made false statements that the phone doesn't support it.I believed him since he was the owner & bought the phone.It was confirmed after purchase that it supports OTG.Disappointed I asked him to refund,repair or take back phone but he never contacted back in time.Before & during purchase the seller withheld information about past repair work done on phone but shared it after purchase which,therefore,wrongly affected my decision to make an informed purchase due to the lack of complete information.It was later found that the seller had done repair work for charging issues.Within few months phone STOPPED CHARGING above 4% making the phone UNUSABLE & OTG never worked - easily attributable to past repair.Can I litigate on the lines of cheating,misrepresentation & fraud in inducement for selling me a defective phone?
Answers (1)

Answer #1
762 votes
Dear Sir/Madam,
From your query it appears that a defective cell phone has been sold to you by a seller through the medium of quicker website. You can file a complaint making quicker and the seller as parties and can seek the price of the sell phone paid and also seek compensation for the trauma, false misrepresentation made to you by the seller and quicker.

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