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Legal remedy in case service centre of product taking time to repair
10-Nov-2023 (In Consumer Court Law)
I had purchased a speaker with 2 years warranty. It belonged to a brand which does not directly sell in India and does it through third party. Recently due to some problem I submitted it to its respective service centre. They said they were unable to repair it and they are out of stock with this model. They said import will take 2-3 months and they are rather willing to return 50% of the amount. Can I press a case against them as the speaker is still in warranty and I won't a full refund if not replacement?
Hi Dear,
After going through your querry I would suggest you following remedies:-
a) Yes, You can file consumer complaint since the product is still in warranty;
b) You can ask for negotiation of the amount since the other party is willing to pay you 50%, you can ask for 70- 80% of the amount.
Now you have to chose amongst two since the (a) option may take considerable time of approx 8-9 months to get you compensation, whereas (b) option is into your hands and depends upon your negotiation skills.
Regards-
After going through your querry I would suggest you following remedies:-
a) Yes, You can file consumer complaint since the product is still in warranty;
b) You can ask for negotiation of the amount since the other party is willing to pay you 50%, you can ask for 70- 80% of the amount.
Now you have to chose amongst two since the (a) option may take considerable time of approx 8-9 months to get you compensation, whereas (b) option is into your hands and depends upon your negotiation skills.
Regards-
Helpful?
25+
25+
Adv. Saurabh Verma
Delhi | 25+ Answers
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This is fit case to file under the deficiency of services for which you can claim the entire money of the product as well as the compensations harassment and mental agony. It is advisable to have a detailed discussion of your case. Thanks & Regards.
Helpful?
45+
45+
Adv. Megha Kain
Delhi | 25+ Answers
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Hi, you have a strong case because the speaker you bought the speaker with two years of warranty. In the present circumstances, you may send a legal notice to the company for complete replacement and if they are not doing file a case in the consumer forum.
Helpful?
50+
50+
Adv. Ganesh Singh
Delhi | 500+ Answers
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To answer this question, a lot depends upon the purchase agreement/"terms of sale" between you and the company (either the third party/or the main company)
If the term "warranty" in the "terms of sale" is construed in the same way as it is in our common knowledge then we have a good case
But if they have already provided for the present fact scenario in the contract -"terms of sale" and they are offering to return 50% of the amount which is as per the contract, then that would make the case difficult
Nevertheless, we may have some relief under the Consumer Protection Act 1986.
One would need to examine the "terms of sale" agreement and accordingly draft and send a legal notice to Company.
If the term "warranty" in the "terms of sale" is construed in the same way as it is in our common knowledge then we have a good case
But if they have already provided for the present fact scenario in the contract -"terms of sale" and they are offering to return 50% of the amount which is as per the contract, then that would make the case difficult
Nevertheless, we may have some relief under the Consumer Protection Act 1986.
One would need to examine the "terms of sale" agreement and accordingly draft and send a legal notice to Company.
Helpful?
35+
35+
Adv. Divyanshu Srivastava
Delhi | 25+ Answers
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