Forum rejects complaint of consumer to get mobile phone replaced

In its reply to the Forum,Spice Mobility Limited,pleaded that there was a minor defect with the speaker of the mobile set which was corrected,but the complainant was adamant to get the mobile set replaced. The firm stated that the mobile set was free of all defects but that the complainant did not collect the phone.

The Forum ruled: “…the fact that the speaker was not working properly and the mobile set was without a battery does not amount to manufacturing or inherent defect in the mobile set,therefore,the direction to replace or refund the price of the mobile set cannot be given.”

It was proved on record by the manufacturers – supported by an affidavit – that the defect in the speaker of the mobile set had been corrected and was waiting to be collected. The Forum held that the repaired handset should be handed over to the owner.