A mobile phone which gives rise to complaints in the warranty period is presumed to have manufacturing defects and must be set right immediately at the cost of the manufacturer or dealer.
A mobile phone which gives rise to complaints in the warranty period is presumed to have manufacturing defects and must be set right immediately at the cost of the manufacturer or dealer. This order was passed by the West Bengal State Consumer Dispute Redressal Commission in Bengal Tracom (P) Ltd, vs Prasant Mukherjee.
Mukherjee purchased a mobile phone on payment of Rs6,000. The phone was not functioning properly from the start. Mukherjee went back to the dealer and asked him to repair it. However, the consumer had to make repeated trips to have the phone repaired.
The consumer ultimately filed a complaint in the Consumer Dispute Redressal Forum at Kolkata, which issued a notice to the opposite party to give its say. The company paid no heed to the notice, which led to the passing of an ex-parte order against it in which the Forum ordered the company to repair the phone within 30 days and to pay him Rs1,000 as compensation.
The company appealed against the order in the State Commission. It contended that the consumer had filed the complaint after the statutory period of two years and that it had given a good piece to him. Also, there was no record of the phone having been serviced and the consumer did not have original warranty card.
The commission noted that the mobile phone had been repaired within three months of being purchased without any charge. So, the non-existence of a warranty card would not affect the merits of the consumer’s case.
Upholding the Forum’s order, the Commission asked for the phone to be repaired within forty days but it set aside the order asking for payment of compensation.
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