No refund from Motorola against defective phone

792 votes

When a defective product is delivered and the defect is reported immediately (same day in your case), the consumer is legally entitled to an effective remedy. While companies often mention “replacement only” in their internal policy, such policies cannot override statutory consumer rights. A consumer cannot be made to wait indefinitely. Keeping your phone at the service centre for 8 months without replacement or resolution is unreasonable and illegal. Even if replacement is offered, it must be provided within a reasonable time. Failure to do so gives you the right to seek refund along with compensation for mental harassment and inconvenience. You are not bound to accept replacement after such an inordinate delay, especially when the phone has remained unusable for months. Courts and consumer commissions have consistently held that prolonged delay itself entitles the consumer to refund. You should immediately send a legal notice demanding refund with interest and compensation. If they still refuse, you can file a consumer complaint before the District Consumer Commission seeking: Refund of the full amount Compensation for harassment Litigation costs The company cannot deny refund merely by citing “no refund policy” in these circumstances.

Advocate Ajay Shukla LawRato