• Lenovo 3.5 months mobile denied warranty

I bought a Lenovo mobile phone for rs. 13499 from Flipkart website in May 2020. In Sept 2020, this mobile phone became completely mute due to some sound related part getting defective.The mobile is unusable.

Since it is just 3.5 months old mobile and well within warranty , i gave the mobile phone to service center who asked me keep the mobile with them for a week to check and repair. After 2 days they called and informed that they cannot repair it as the spare part is not available since the mobile is an old model.

I complained to Lenovo social media team, they escalated the issue to grievance team . Even they also after few days said that the spare part is not available as it is an old model, so they cannot help regarding this. And they suggested to take back the mobile from the service center. They were unfavorable for replacement also as it is an old model.

Last Saturday I raised a complaint with consumer affairs website.

I have order invoices and other supporting documents.

So my questions are :

1> Can a consumer be denied warranty because that product is an old model ?
2> What should i do if my issue is not resolved through the complaint placed in consumer affairs website ?
Asked 16 days ago in Consumer Law

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

28 Answers

You cannot

be denied warranty 

 

manufacturer and dealer are bound to replace the mobile if it cannot be repaired 

 

file complaint before consumer forum and seek orders to direct manufacturer and dealer to repair the mobile or replace it with new one 

 

also seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
78841 Answers
4741 Consultations

5.0 on 5.0

If company do not have spare parts than they should not sell their mobile phone in the market. You can ask them to replace the handset of the same range price to you.

Ganesh Kadam
Advocate, Pune
11567 Answers
108 Consultations

4.9 on 5.0

No. If part are not available, you are entitle to refund or replacement.

Send legal notice and than file consumer complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
21344 Answers
31 Consultations

4.4 on 5.0

No , they cannot unless your defect attracts the exemption in their warranty card. However , you are on the irght track. If they don't solve it , file a consumer case.

Regards

Swarupananda Neogi
Advocate, Kolkata
2890 Answers
6 Consultations

4.7 on 5.0

Please issue legal notice to Company Customer care center for implementation of warranty failing which you would take up the matter with Consumer protection Forum against deficiency in the services of Lenovo mobile. 

Ramesh Pandey
Advocate, Mumbai
2523 Answers
8 Consultations

5.0 on 5.0

- Since, your mobile is under warranty period , then the two are responsible to either repair the same , or to replace with a new set of mobile. 

- This is not your headache that the spare parts are not available or the said mobile is an old model. 

- Actually , till now you are not following the laws of Consumer Act. , and thats why not getting solution . 

- You should send a legal notice to the said company for replacing the said mobile with a new one , if they refused , then fie a complaint before the Consumer Court .

- Consumer court are available in Mumbai area wise , and they take complaint physically .

1. No

2. As i mentioned above.

- Only sending a legal notice is enough for such problems 

Mohammed Shahzad
Advocate, Delhi
5300 Answers
51 Consultations

5.0 on 5.0

1. The company cannot refuse to replace or get the product repaired during warranty period, if the 4 months old phone has become obsolete even before selling it then what is the purpose of selling it to the customer, are they cheating the customer, you can take up the issue with consumer forum impleading the seller, company and the service center also.

2.  What is consumer affairs website?

You may have to file a complaint with the consumer forum with all the documentary evidences  and not sitting quite by registering your complaint with a website, you may not get proper response through such sites.

 

T Kalaiselvan
Advocate, Vellore
68868 Answers
929 Consultations

5.0 on 5.0

The phone was purchased along with the warranty and hence they are liable.

The consumer forum will grant you adequate compensation.

Rahul Mishra
Advocate, Lucknow
11470 Answers
20 Consultations

5.0 on 5.0

You must approach the Consumer Court and make out a case for deficiency in service and ask for immediate repair and compensation for the harassment and inconvenience caused to you along with litigation expenses. You could even ask for replacement of the product if they cannot repair it or a total refund of your money.

Mohammed Mujeeb
Advocate, Hyderabad
18659 Answers
11 Consultations

4.5 on 5.0

You can file a consumer complaint in this aspect. You can first send a notice to the said company

Prashant Nayak
Advocate, Mumbai
22073 Answers
49 Consultations

4.4 on 5.0

Dear Sir/Madam,

You are suggested the consumer should not be denied of the warranty if the produce is old model and being sold in the market. You are suggested to serve a legal notice and then file the case in the consumer force (DCDRF). 

Ganesh Singh
Advocate, New Delhi
6427 Answers
13 Consultations

4.5 on 5.0

Hello!

1. No they cannot deny it. 

2. Get issued a legal notice demanding them to either repair the phone free of cost or to refund you the sale amount.

3. If they do not respond, you can file a case in district consumer forum seeking compensation. 

Agam Sharma
Advocate, New Delhi
533 Answers
4 Consultations

5.0 on 5.0

File a consumer court complaint 

Rahul Jatain
Advocate, Rohtak
5300 Answers
4 Consultations

4.8 on 5.0

1. No, consumer cannot be denied for warranty of product even if model is old and if company is offering it for sale then they are bound to get it repaired or refund the money paid for purchase with interest.

2. You should send a legal notice for return of mobile phone and refund of money to LG India. 

3. If they refuse to take action on legal notice then file complaint Before consumer forum against LG India pvt ltd and it's service center and Flipkart from where you purchased the phone. 

Mohit Kapoor
Advocate, Rohtak
10561 Answers
7 Consultations

5.0 on 5.0

Dear Client,

If you have brought the mobile for personal use, you make a complaint against the company before the District Consumer Disputes Redressal Commission. You may also send a Legal Notice before making the complaint. It will cost you from 1,000 to 3,000 depending on the advocate.

Jaswant Singh
Advocate, Gurugram
833 Answers
2 Consultations

4.8 on 5.0

Legal notice by email is valid 

 

send it to manufacturer and seller 

 

check the website of Lenovo 

Ajay Sethi
Advocate, Mumbai
78841 Answers
4741 Consultations

5.0 on 5.0

1. To the seller and the manufacturer.

2. Yes.

3. You have to search for it through google.

 

T Kalaiselvan
Advocate, Vellore
68868 Answers
929 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested to serve the legal notice to the flipcart, seller as well to the manufacturer and also make them parties in the case. The notice by email and whatsapp will be valid and you find the email address on the website itself, but it is suggested that you send the notice by post as well.  

Ganesh Singh
Advocate, New Delhi
6427 Answers
13 Consultations

4.5 on 5.0

Notice will send to all.

E mail is secondary source, it should be through registered post.

Yogendra Singh Rajawat
Advocate, Jaipur
21344 Answers
31 Consultations

4.4 on 5.0

Definitely, Notice to manufacturers and sellers who sold you the product. 

Legal notice by E mail is valid as per apex court rulings. 

Email from official website of manufacturer, seller and distributors.

Ramesh Pandey
Advocate, Mumbai
2523 Answers
8 Consultations

5.0 on 5.0

1. Send it to Lenovo and Seller both.

2. Yes. It's valid.

3. On their website. 

Agam Sharma
Advocate, New Delhi
533 Answers
4 Consultations

5.0 on 5.0

1.The legal notice should be issued to the Flipkar and Lenovo only, and not to the seller.

2. Yes, but is not enough , you have to send it by registered post well.

3. From their website. 

Mohammed Shahzad
Advocate, Delhi
5300 Answers
51 Consultations

5.0 on 5.0

All three

Online you can find

Prashant Nayak
Advocate, Mumbai
22073 Answers
49 Consultations

4.4 on 5.0

1.Manufactiurer

2.Yes it can be sent via e-mail

3.Every company has a "Contact Us" page. Use the contact information listed there to call the company directly or send an exploratory email to their main mailbox. 

Mohammed Mujeeb
Advocate, Hyderabad
18659 Answers
11 Consultations

4.5 on 5.0

You should make all three of them the parties. Notice by e mail is valid.

Rahul Mishra
Advocate, Lucknow
11470 Answers
20 Consultations

5.0 on 5.0

1. All of them.

2. No you need to send legal notice through registered post.

3. From their webpage. 

Mohit Kapoor
Advocate, Rohtak
10561 Answers
7 Consultations

5.0 on 5.0

Dear Client,

As per new consumer act, you need to make party all the concerned parties and hence send legal notice to all the three. 

Jaswant Singh
Advocate, Gurugram
833 Answers
2 Consultations

4.8 on 5.0

1. Everyone. 

2. Yes. pdf format. 

3. Online 

Rahul Jatain
Advocate, Rohtak
5300 Answers
4 Consultations

4.8 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer