Anonymous
Asked October 27, 2016

Consumer Act compliance: Purchased a phone without box or product information

  • 6 Answers
  • 1135 Views

RTI on Product Information I purchased a replacement mobile phone which did not come in a box to show product information. So, I reached out to the customer care chat in their website to know the manufacture month and year. The advisor informed me that they could not find the manufacture month, year for my Phone IMEI no. Under which all sections of the Consumer Act is this company non-compliant? Thank you.

Answers 6

From which online site you have purchased this phone. You must have email confirmation from the seller. For any defect you will get the benefit of doubt. 

Agree Comment 0 Agrees almost 4 years ago
  • Default avatar
    Anonymous
    Thank you. I purchased it from an authorized dealer and have the invoice. The phone is defective and the company says they do not maintain manufacture month year as this product is a replacement phone for my old phone.
    Agree 0 Agrees almost 4 years ago


It is not the consumer protection act but it is Weight & Measure Act which mandates the manufacture year

Agree Comment 0 Agrees almost 4 years ago
  • Default avatar
    Anonymous
    Can you please direct me to the point or section in the Weight & Measures Act which mentions the compliance areas that mobile phones are required to adhere to?
    Agree 0 Agrees almost 4 years ago

  • Default avatar
    Anonymous
    Thank you, in addition to this not sharing of manufacture month, year the other problem is that the phone overheats beyond tolerance to the face heating beyond 108 deg F. This temperature does not allow me to keep the phone on my face and ear. The company says the sensor does not raise a warning that there is overheating. I asked them to share at what temperature this temperature heating sensor is activated, they refuse to share this temperature. To my understanding this temperature is relevant to my complaint and must be shared with the consumer. Hence, I would like to initiate this complaint with RTI. Would I be right in doing so?
    Agree 0 Agrees almost 4 years ago

  • Default avatar
    Anonymous
    Thank you, in addition to this not sharing of manufacture month, year the other problem is that the phone overheats beyond tolerance to the face heating beyond 108 deg F. This temperature does not allow me to keep the phone on my face and ear. The company says the sensor does not raise a warning that there is overheating. I asked them to share at what temperature this temperature heating sensor is activated, they refuse to share this temperature. To my understanding this temperature is relevant to my complaint and must be shared with the consumer. Hence, I would like to initiate this complaint with RTI. Would I be right in doing so?
    Agree 0 Agrees almost 4 years ago


The invoice is good enough for file a consumer complaint , as delar is not ready to resolve problem of overheating of your phone . This tantamount defenciency in service . You had a good case.

Agree Comment 0 Agrees almost 4 years ago

Ma’am,

There is no specific section under the Consumer Protection Act, 1986 which makes a company liable of non-complaint for merely not providing information on its manufactured date and all. If you have any problem with the good (which you do here with the mobile) you can ask the company for clarification. Since the company is not at all cooperating with you, you had the right to file an RTI, which I think you have already done. If the company do not provide with a clarification within 30 days, you can use their non-reply as a sword in your case instead of a shield in front of the forum. You can put forth the contention that if the product is a legit one, then it should have all the essential product information documented and there should be no harm in sharing that information with the person who has purchased that product.

The purpose of coming up with this Act and Consumer Forums is to help the consumers have a legal recourse against the companies whose goods are being bought, so that there is a checking mechanism installed so that the companies owe a responsibility for their products sold to the consumers. The answer to this question may not be solved by the Consumer Protection Act, 1986 per se, but this Act along with certain provisions of the Sale of Goods Act, 1930 gives you enough legal backing to your case.

 

Hope this helps!

Agree Comment 0 Agrees almost 4 years ago
  • Default avatar
    Anonymous
    Thank you Arnab. I beleive that when a consumer is forced to go to the consumer court, it should be limited to replacement and compensation. Correction by the company should be the objective of the time consuming court cases so that this one consumer court case helps many others. When I am unable to bear the overheating 108 deg F and greater on my face, the company tells me that the temperature is 'within permissible limit. How am I to compare 108 deg F with 'within permissible limit' to ensure my safety. Hence, my question that can the company be allowed to communicate to consumers in an ambiguous statement i.e 'within permissible limit'  through their website and service centers?
    Agree 0 Agrees almost 4 years ago

  • Default avatar
    Anonymous
    The company ignores the heating beyond tolerance level on the ground that the temperature alert function is not activated to indicate overheating. A simple way to prove this false is to use the phone and place it on the face and you cannot. I asked them I would now like to know what temperature you consider unsafe for the temperature alert to be activated. The company responds to say this information is Private and confidential to the company.Is the company allowed to withhold such information from consumers?
    Agree 0 Agrees almost 4 years ago

  • Default avatar
    Anonymous
    Thank you for your response.
    Agree 0 Agrees almost 4 years ago

  • Default avatar
    Ma’am, The permissible limit for the mobile to heat may be something which the company might not want to disclose to the public at large. But when faced with a problem which specifically deals with heating of the mobile, and their reply to the problem by saying that it is within permissible limit, might not be acceptable. They might refrain from disclosing the permissible limit but in law, there exists a principle called the test of reasonability. If you mobile is heating up and if you feel that the temperature of the mobile is far beyond the reasonable heating of the device and it poses a threat to your well-being, you have every right to approach the forum and present your case. Afterall, the company cannot have a product which might cause harm to one consumer and they have to take every step possible to resolve the issue. If they do not abide by this norm, you have such redressal forums at your disposal (Either file an RTI for the specific information or approach the Consumer Forum. This is where the provisions of the Sales of goods Act and the Indian Contracts Act come in). As a matter of fact, you can take the example of Samsung J7 which was exploding. The company had to ban the mobile stop its sale for the safety of the public at large.
    Agree 0 Agrees almost 4 years ago


In my humble opinion, any defect/deficiency in goods/services by the seller or service provider can be redressed before the appropriate Consumer Forum if the seller fails to make good the defect/deficiency. In the present case, if the product purchased for a certain value and has the necessary document to prove it, is defective, will certainly attract the provisions of Consumer Protection Act. The complaint should be against the party from whom the goods were purchased, i.e. the authorised dealer. 

Agree Comment 0 Agrees almost 4 years ago
  • Default avatar
    Anonymous
    Thank you Margaret I beleive that when a consumer is forced to go to the consumer court, it should be limited to replacement and compensation. Correction by the company should be the objective of the time consuming court cases so that this one consumer court case helps many others. When I am unable to bear the overheating 108 deg F and greater on my face, the company tells me that the temperature is 'within permissible limit. How am I to compare 108 deg F with 'within permissible limit' to ensure my safety. Hence, my question that can the company be allowed to communicate to consumers in an ambiguous statement i.e 'within permissible limit'  through their website and service centers?
    Agree 0 Agrees almost 4 years ago

  • Default avatar
    Anonymous
    The company ignores the heating beyond tolerance level on the ground that the temperature alert function is not activated to indicate overheating. A simple way to prove this false is to use the phone and place it on the face and you cannot. I asked them I would now like to know what temperature you consider unsafe for the temperature alert to be activated. The company responds to say this information is Private and confidential to the company.Is the company allowed to withhold such information from consumers?
    Agree 0 Agrees almost 4 years ago


Every Company manufacturing any electronic gadget or for that matter any kind of appliance or device, mandatorily provides  a user manual specifying the necessary details of its manufacture, specification, user instructions  etc. If you haven't got the user manual along with your product, do demand it from the Company. Secondly, even otherwise, no company can deny to provide the basic information about the product  by saying that it is private and confidential. Therefore, preserve a written record of your correspondence with the Company for its lapses before proceeding ahead in a Court of Law.

Agree Comment 0 Agrees almost 4 years ago
  • Default avatar
    Anonymous
    Thank you for your time, you response is a big help.
    Agree 0 Agrees almost 4 years ago


Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.