Legal Question in Consumer Law in India

enquiry

I have purchased a television in 2-12-2005 with 2 yrs warranty. From the period of purchase it was showing some complaints and many spare parts were replaced by the company persons.

At present the function of television was stopped. I am thinking there is a major manufacturing defect in it and i have informed the company about it and asked them to replace it or I will take legal action. Now the company assured me a new television instead of that. But not the same model because the was model stopped before 2 yrs and that model was not available now. they are giving other model that too was stopped before 2 yrs back. and they told me that they will not give its purchase bill and warranty card for the new television. Instead they will register new televisions serial number in the old warranty card .the company person told me it is the company�s procedure.but I am not satisfied with the model they were giving to me .insted of my old model. Can I accept this offer . Please help me to know the procedure that we should follow when we replace the item from the company

Should I ask new bill and warranty card for the television that were offer to me.

And give me clear guidance for what I should ask when they replace the item.


Asked on 7/23/07, 11:42 am

6 Answers from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Re: enquiry

1. There are Forum judgments that a newly replaced item should carry guarantee from new date of supply. I am not sure about Commission judgments, but I guess there would be.

2. It is unfair to give a model that is not in the market now, that too without warranty.

3. You should not accept fudging / tampering of records [writing new serial no. on old warranty card].

4. Ref: And give me clear guidance for what I should ask when they replace the item.

>> Clear and advisable step will be to send legal notice through an advocate who has studied the whole case legally, so that if the notice does not bring fruit, the case in the court will. This can be done only for fees. If you wish I can do it.

M C Gupta

MD, LL.M.

Advocate and Medico-legal Consultant

[email protected]

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Answered on 7/23/07, 11:58 am
Alok Sharma Alok Sharma & Associates

Re: enquiry

You are on good wicket and in all probability you are going to win. You can yourself lodge the complaint with the consumer forum of your area. Insist on fresh warranty ahead of replacement and dont permit the interpolation in warranty card and also dont accept the older set. The complaint may be the same as u have written here, with some more details.

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Answered on 7/23/07, 12:45 pm

Re: enquiry

you may ask for latest model along with certificate of replacement and also fresh warranty card and if the company refuse then serve them the notice detailing all facts and demand replacement and fresh warranty and if the company refuse or do not sent any reply then approach the consumer district forum.

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Answered on 7/23/07, 1:26 pm
G. M. Gupta gmguptaandassociates

Re: enquiry

you deserve new set that too with new warranty and to ur satisfaction.

dont compromise even if u have to go to court.

give legal notice and file case you have max chances to win.

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Answered on 7/23/07, 2:23 pm
Nandita Haldipur Haldipur Associates

Re: enquiry

if you are taking teh new set it has to be with a fresh warranty . if requrired you can apporach teh consumer forum

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Answered on 7/25/07, 4:14 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: enquiry

good morning

why to compromise you have got a good case and max chances to win so issue a legal notice

good luck

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Answered on 7/24/07, 1:36 am


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