I bought a Lenovo mobile phone for rs. 13499 from Flipkart website in May 2020. In Sept 2020, this mobile phone became completely mute due to some sound related part getting defective.The mobile is unusable. Since it is just 3.5 months old mobile and well within warranty , i gave the mobile phone to service center who asked me keep the mobile with them for a week to check and repair. After 2 days they called and informed that they cannot repair it as the spare part is not available since the mobile is an old model. I complained to Lenovo social media team, they escalated the issue to grievance team . Even they also after few days said that the spare part is not available as it is an old model, so they cannot help regarding this. And they suggested to take back the mobile from the service center. They were unfavorable for replacement also as it is an old model. Last Saturday I raised a complaint with consumer affairs website. I have order invoices and other supporting documents. So my questions are : 1> Can a consumer be denied warranty because that product is an old model ? 2> What should i do if my issue is not resolved through the complaint placed in consumer affairs website ?
You cannot
be denied warranty
manufacturer and dealer are bound to replace the mobile if it cannot be repaired
file complaint before consumer forum and seek orders to direct manufacturer and dealer to repair the mobile or replace it with new one
also seek litigation costs and compensation for mental torture undergone by you
If company do not have spare parts than they should not sell their mobile phone in the market. You can ask them to replace the handset of the same range price to you.
No. If part are not available, you are entitle to refund or replacement.
Send legal notice and than file consumer complaint.
No , they cannot unless your defect attracts the exemption in their warranty card. However , you are on the irght track. If they don't solve it , file a consumer case.
Regards
Please issue legal notice to Company Customer care center for implementation of warranty failing which you would take up the matter with Consumer protection Forum against deficiency in the services of Lenovo mobile.
- Since, your mobile is under warranty period , then the two are responsible to either repair the same , or to replace with a new set of mobile.
- This is not your headache that the spare parts are not available or the said mobile is an old model.
- Actually , till now you are not following the laws of Consumer Act. , and thats why not getting solution .
- You should send a legal notice to the said company for replacing the said mobile with a new one , if they refused , then fie a complaint before the Consumer Court .
- Consumer court are available in Mumbai area wise , and they take complaint physically .
1. No
2. As i mentioned above.
- Only sending a legal notice is enough for such problems
1. The company cannot refuse to replace or get the product repaired during warranty period, if the 4 months old phone has become obsolete even before selling it then what is the purpose of selling it to the customer, are they cheating the customer, you can take up the issue with consumer forum impleading the seller, company and the service center also.
2. What is consumer affairs website?
You may have to file a complaint with the consumer forum with all the documentary evidences and not sitting quite by registering your complaint with a website, you may not get proper response through such sites.
The phone was purchased along with the warranty and hence they are liable.
The consumer forum will grant you adequate compensation.
You must approach the Consumer Court and make out a case for deficiency in service and ask for immediate repair and compensation for the harassment and inconvenience caused to you along with litigation expenses. You could even ask for replacement of the product if they cannot repair it or a total refund of your money.
You can file a consumer complaint in this aspect. You can first send a notice to the said company
Dear Sir/Madam,
You are suggested the consumer should not be denied of the warranty if the produce is old model and being sold in the market. You are suggested to serve a legal notice and then file the case in the consumer force (DCDRF).
Hello!
1. No they cannot deny it.
2. Get issued a legal notice demanding them to either repair the phone free of cost or to refund you the sale amount.
3. If they do not respond, you can file a case in district consumer forum seeking compensation.
File a consumer court complaint
1. No, consumer cannot be denied for warranty of product even if model is old and if company is offering it for sale then they are bound to get it repaired or refund the money paid for purchase with interest.
2. You should send a legal notice for return of mobile phone and refund of money to LG India.
3. If they refuse to take action on legal notice then file complaint Before consumer forum against LG India pvt ltd and it's service center and Flipkart from where you purchased the phone.
Dear Client,
If you have brought the mobile for personal use, you make a complaint against the company before the District Consumer Disputes Redressal Commission. You may also send a Legal Notice before making the complaint. It will cost you from 1,000 to 3,000 depending on the advocate.
1> If i decide to send the legal notice, then to whom should i send it ? Flipkart , Seller OR the Manufacturer (Lenovo). 2> Is legal notice by email valid? 3> How can i find their email addresses ?
Legal notice by email is valid
send it to manufacturer and seller
check the website of Lenovo
1. To the seller and the manufacturer.
2. Yes.
3. You have to search for it through google.
Dear Sir/Madam,
You are suggested to serve the legal notice to the flipcart, seller as well to the manufacturer and also make them parties in the case. The notice by email and whatsapp will be valid and you find the email address on the website itself, but it is suggested that you send the notice by post as well.
Notice will send to all.
E mail is secondary source, it should be through registered post.
Definitely, Notice to manufacturers and sellers who sold you the product.
Legal notice by E mail is valid as per apex court rulings.
Email from official website of manufacturer, seller and distributors.
1. Send it to Lenovo and Seller both.
2. Yes. It's valid.
3. On their website.
1.The legal notice should be issued to the Flipkar and Lenovo only, and not to the seller.
2. Yes, but is not enough , you have to send it by registered post well.
3. From their website.
All three
Online you can find
1.Manufactiurer
2.Yes it can be sent via e-mail
3.Every company has a "Contact Us" page. Use the contact information listed there to call the company directly or send an exploratory email to their main mailbox.
You should make all three of them the parties. Notice by e mail is valid.
1. All of them.
2. No you need to send legal notice through registered post.
3. From their webpage.
Dear Client,
As per new consumer act, you need to make party all the concerned parties and hence send legal notice to all the three.
1. Everyone.
2. Yes. pdf format.
3. Online