quesManufacturing defect. Company promised to repair. No action till now.

I bought a Nokia phone on 1st March but it was defected. I called the customer care centre and they said they will do the needful. But there was no response from their side.

 

It’s been 1 month and I got no relief for this problem. I want to file a complaint in the Consumer Forum against them.

 

How can I go about it?

 

  • ans 

    We suggest that you should firstly send a legal notice to the Company at their registered office and their e-mail informing them about the defective product. Generally the matters get sorted at this stage, however if the issue is still not addressed by the Company then you can file a complaint in the consumer forum.

     

    The Consumer Protection Act, 1986 provides:

     

    Section 2(c) (ii) that a complaint means any allegation in writing made by a complainant that the goods bought by him or agreed to be bought by him, suffer from one or more defects.

     

    Section 2 (f) defines defect as any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods.

     

    Section 14 provides the actions which can be taken by the Forum after finding the defect in the product. It states that if, after the proceeding conducted, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely:—

     

    a. to remove the defect pointed out by the appropriate laboratory from the goods in question;
    b. to replace the goods with new goods of similar description which shall be free from any defect;
    c. to return to the complainant the price, or, as the case may be, the charges paid by the complainant;
    d. to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party.
    i. to provide for adequate costs to parties.

     

    With respect to the procedure for filing a consumer complaint, you can visit the website which lists out the format for filing a consumer complaint. you complaint shall have to filed in the District Forum by payment of a fee and in writing with a minimum of 5 copies.

     

    However, it is suggested that you engage an advocate to represent your case in a better manner.

     

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Consumer Court Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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