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in Contracts Law Consumer Law
Asked June 24, 2017

Repair of damaged good after warranty period

  • 1 Answer

I bought a redmi note 3 from mi website on june 8th, 2016. Some months after I bought the phone, I noticed that there was dust inside the rear camera lens. I had neither dropped the phone nor had I kept it in any place where there was a possibility of dust getting in. This was clearly a fault from the manufacturer's part as it seemed like a defective piece with loose connection between the camera lens cover and the back panel. I went to the mi service center and got it cleaned. I did not get a receipt of the service done. But, just few days after this, I found the dust once again. I went to the service center and showed them the phone. They removed the lens cover to clean. They found that there was something wrong with the lens cover and told me that it cannot be attached to the back panel once again. They asked me if I had tried removing the Lens Cover by myself to clean. I hadn't done any such thing. They had removed the lens cover from the back panel to clean it but couldn't attach it back. They gave me my phone back and the lens cover saying that they couldn't fix it. Now, my phone had no cover over the lens part and any dust or water could easily get inside the phone through the camera opening at the rear. The next day, I went to the Service center once again and told them that I wished to claim my warranty. They became serious then and told me that there's no need to claim warranty and that they would fix the cover to the back panel (Just the previous day, they told me they couldn't fix it). They put some glue kinda thing on the cover and fixed it to the back panel and gave me. The camera quality had reduced and the images would be blurry. This time, I got the receipt of the service done. Now, few months after this, the cover suddenly came off. I was just holding it in my hand and walking. After a while, when I checked my phone, the cover was not there. The cover must have fallen off somewhere on the ground. The one year warranty had already expired. I had bought the Mi protection plan along with the phone. I claimed the repair of my phone under accidental damage. But, even the protection plan validity had expired and I got a call from them saying that I could renew my protection plan for another year by paying 629 rupees. They told me it was the last day to renew and that they would pick up my phone for service only if I renew now. I renewed my plan by paying 629 rupees. But, now I am wondering if they reject my claim for repair as the damage happened(the cover suddenly came off the back panel) on june 18th, 2017. The first protection plan was valid till June 8th, 2017 and I renewed the plan on 24th june, 2017. So, when the cover came off, the phone was not under either of the protection plans. I am scared that my claim now would be called invalid because of this. I paid 629 rupees to renew my plan hoping that my phone would get repaired. If, even after paying 629 rs, it doesn't get repaired, it's a waste of money. I think they should have informed me before, that even if I renewed my protection plan now, my claim would still be invalid as the damage did not occur when the protection plan was active. If they cannot repair my phone through the protection plan, I would like to claim the repair/replacement under warranty as the piece was defective. But, now the phone is out of warranty. But, I have evidence to show that the damage had occured even before the warranty expired as I have the receipt of the service center where I got the lens cover cleaned for the second time. Although, It just says ;Back Cover Lens Issue;, I have hopes that I could use it to show them that there was dust inside the lens and that comes under defective piece. Can you help me?

Answer 1

Dear sir, We are sorry to hear your issue, the best thing solution to this issue could be that you should send a legal notice to the legal department of Redmi India. The address can be easily accessed from Google. You can take help from the local lawyer, he can draft a legal notice. This notice shall be filed under section 28 A of the Consumer Protection Act, 1986. In this notice you must claim deficiency of service on part of their customer helpline cell as well as deficiency of goods in the brand new mobile itself. Draft your notice as a victim of deficiency of goods and mention that you did not file this notice within one year limitation period of the warranty because you expected the consumer cell to help you with the defect. However since the consumer cell had been careless enough to simply remove the cover without fixing it back and on the second occasion to handover a defective cover; you have no choice but to send the notice to the legal cell asking them for a replacement/exchange for the mobile. I hope this helps you. 

Agree Comment 0 Agrees over 3 years ago

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