I bought a mobile phone online and it stopped working in 10 days. The seller refuses replacement saying I damaged it. What can I do?
RE Asked by Reshma Pillai from India
Quick Answer
Defective goods sold without replacement is deficiency of service and unfair trade practice under Sections 2(11) and 2(47) of the Consumer Protection Act, 2019.
Detailed Legal Analysis
Defective goods sold without replacement is deficiency of service and unfair trade practice under Sections 2(11) and 2(47) of the Consumer Protection Act, 2019. You should first issue a written notice to the seller and the manufacturer demanding replacement or refund within a reasonable time, retaining proof of the warranty and purchase invoice.
If they do not respond within 30 days, file a complaint before the District Consumer Disputes Redressal Commission under Section 35 of the Act if the value is up to Rs. 50 lakh. The complaint can be filed online through the e-Daakhil portal without engaging a lawyer.
The warranty period protects you and the seller must prove you caused the damage, not vice versa. You can claim replacement or refund with compensation for mental harassment and litigation costs.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.