• Need help in filing legal suit against a company for inaction in warranty repairs

Dear Sir,
I am seeking legal assistance to file a case against Sole US and its Indian distributor, Afton Group, for failing to honor the warranty terms associated with my Sole SF85T treadmill.
I bought the treadmill from its first owner in Sep 2024. I am unsure if there needs to be a sale deed to commence any legal action.

Case Summary:

Product Details: Sole SF85T treadmill.
Date of Purchase: May 2021.
Warranty Terms: The treadmill came with a 5-year warranty, covering repairs and part replacements, including the treadmill belt (?).
Location: While Sole US is headquartered in the US, the product was purchased in India via Afton Group, Chennai, whose operations are overseen by Mr. Sumit Kalra.
Issue: Despite several complaints about the treadmill belt requiring replacement, Afton Group has failed to take any action. Earlier they promised the shipment to arrive by 30 Nov 24, but now they are non-committal. They have not shared any complaint number or work order placed.

Actions Taken by Me:
Filed multiple complaints over email with Sole US and Afton Group.
Reached out on Whatsapp to the Owner of Afton group as well as local service provider in Pune city.
 
Requested Resolution:
I request assistance in filing a legal suit demanding the replacement of the treadmill belt under the warranty terms, along with compensation for inconvenience and legal costs incurred.

Besides, what is best course of action here? Is legal suite the best option?

Please let me know the next steps.

Best regards,
Asked 19 days ago in Consumer Law

7 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

Issue legal notice to company to replace defective treadmill belt 

 

if they fail to do so file suit to direct company to replace the treadmill belt and seek compensation for mental torture undergone by you 

 

2) if you  bought treadmill mill for personal use you can file complaint before consumer forum seek replacement of belt and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
97225 Answers
7850 Consultations

This is a case where the provisions of the Consumer Protection Act can be invoked. 

Devajyoti Barman
Advocate, Kolkata
23277 Answers
516 Consultations

If it was purchased by you and the sale was with the said warranty conditions then you issue a legal notice to the seller demanding him to either replace the same or to refund the amount due to it's faulty nature.

If you don't get proper response then you can file a complaint with the district consumer redressal commission for deficiency in service and suitable compensation.

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

Consumer complaint is the best remedy.

G.Rajaganapathy

Advocate

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2229 Answers
8 Consultations

File a consumer complaint under new Consumer Protection Act, 2019 in District Consumer Commission, Pune. Under new Act place of residence of complaint is place of jurisdiction. Give all details of your emails and replies. You will get replacement, costs of complaint, compensation of mental harassment and lawyer’s fee. Your presence is not required in DCC.

Ravi Shinde
Advocate, Hyderabad
4265 Answers
42 Consultations

Dear Client,

You can file a legal suit against Sole US and Afton Group for deficiency in service and for non-performance of warranty obligations in respect of the inaction towards warranty repairs of the sole SF85T treadmill of your household under the Consumer Protection Act, 2019. Then do that. Keep all your files relating to a sales receipt or evidence of your transferring your title, if there ever was one, the specifications for how and how long a warranty is effective. A warranty should, at least from a legal perspective, be transferable: then there is a case End. Send a detailed legal notice demanding a change of the treadmill belt along with compensation in terms of inconvenience, after which a complaint is filed before the suitable consumer forum. A legal lawsuit is a very effective option in case one fails at amicable redress; however, mediation would also work since it wouldn't cost much. A consumer law advocate can be consulted who can draft such a notice and guide all the way through procedures for ensuring your rights.

Hope you find this answer beneficial for resolving the dispute. 

 

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

- Since, the warranty period is 5 years from the date of its purchase , then the said company is under obligation to replace the same legally. 

- You can issue a legal notice to the US Company along with the Chennai office. 

- If refused then file a complaint before the Consumer forum 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Under the Consumer Protection Act, you can file a complaint against Sole US and its Indian distributor, Afton Group, for failing to honor the treadmill's warranty. Begin by sending a legal notice to both parties, demanding repair or replacement of the treadmill belt within a specified time of 15 days, along with compensation for inconvenience. If they fail to comply, file a case in the Consumer Disputes Redressal Commission, supported by proof of purchase, warranty terms, and complaint records. You should approach the forum based on the total value of your claim, including the cost of the treadmill and compensation sought. Also, you can consider a civil suit for breach of implied warranty and product liability.

Ajay Kumar Augustine
Advocate, Jodhpur
9 Answers

Steps to Resolve the Warranty Issue:

  1. Send a Legal Notice:

    • Engage a lawyer to draft and send a legal notice to Sole US and Afton Group (addressing the local distributor). Mention breach of warranty terms, demand repair/replacement, and claim compensation for inconvenience.

  2. Consumer Forum Case:

    • If they fail to respond or comply within the specified time in the legal notice, file a complaint in the Consumer Forum. This is quicker and cost-effective for resolving warranty disputes.
    • Include:

      • Proof of purchase.
      • Warranty terms.
      • Copies of communication (emails, WhatsApp).
      • Evidence of inaction.

  3. Jurisdiction:

    • File the case in your city (Pune), as the service provider is local.

  4. Alternative Resolution:

    • Before legal action, you can escalate to platforms like Consumer Helpline or Social Media to pressure the company into acting.

  5. Legal Suit Option:

    • Opt for a civil suit only if compensation and damages are significant. Otherwise, the consumer forum is ideal.

Sale Deed Concern:

  • Ownership proof (invoice or transfer details) suffices for warranty claims. If unavailable, secure a declaration from the previous owner.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
329 Answers

If you are a consumer then you can file a consumer complaint against the said company for deficiency of service

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

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