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Forum rejects complaint of consumer to get mobile phone replaced

SPICE Mobility Limited in Noida,a subsidiary of the Spice Group,has been directed by the UT Consumer Forum to return a repaired mobile set to the owner who had approached the forum for replacement of the defective handset.

Written by Shivani Yadav | Chandigarh | Published: July 3, 2012 3:23:27 am

SPICE Mobility Limited in Noida,a subsidiary of the Spice Group,has been directed by the UT Consumer Forum to return a repaired mobile set to the owner who had approached the forum for replacement of the defective handset.

Inderjeet Kumar,a resident of Ram Darbar,purchased a mobile phone for Rs 2,999 through an online shopping store. The phone was delivered to him on June 2011. He alleged that two months after the purchase,the mobile set started having problems with its speaker and battery. Kumar said that he approached a Spice service centre in Chandigarh for its repair. However,he was told that the handset was within the manufacturer’s warranty period and any repair could only be undertaken by solely by them. The mobile was then submitted to the Spice Mobility Limited,who got it repaired.

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.

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