Consumer court

[josejeya26]

Would help, if someone could guide me on this. Sold a mobile on eBay to a girl in Mumbai on the 27th June, 2013. Item was listed as imported and without any warranty. I even confirmed this on the phone, before she bought the mobile.

Buyer called me two days back ( after nearly three months ) that i phone would not boot after doing a hard reset. I asked her, if she could get some support locally. I was told that she does not know anyone locally to sort it out.

I asked her to ship the item back to me. I told her that, i would try to sort it out or ship the item to the US to get warranty repair. All at my own cost.

She does not want to do that. She only wants a refund and is now threatening to file a case in the Consumer court.

Even though item was listed as No warranty, I offered to get it fixed either by me or get it serviced in the US all at my own cost. Only thing i told her was that, if the item has any Physical or Liquid damage, HTC might refuse warranty in the US. I won`t be able to help her in that case.

Should i just refund the money back to her and avoid the hassle or should i take my chance in consumer court?

She is a First time buyer on eBay.

 

[vyral_143]

do you have link of listing ?

 

[axeman]

Leave it, since you have declared it without warranty, get a screenshot from the ebay site where you have stated the same. She cannot claim warranty or damages from you anyway since it is now 3 months old, and could have been damaged in regular use as well. Consumer court also will not be useful for her, as she will first have to prove it was bought from you on particular terms and conditions which now allow her to go to court.

Also, ask her to prove right away that she was not rooting/ unlocking the phone, or has physically damaged the phone which will cause it stop working. The onus will rest on her to prove her case first, only then with supporting evidence, can it be started to discuss with you.

 

[Criminal]

you don't have to worry, if you didn't do anything wrong. she should've routed her complaint through ebay but that testing time period is over now.

she is just bluffing. she can't get a phone repaired on her own but can go extra lengths to file a court case?

 

[Raghav_K]

Yeah nothing to worry its just a empty threat...

Btw why would you want to repair stuff you sold without warranty at your cost? That would probably wipe off the profits you had from the sale!

 

[josejeya26]

do you have link of listing ?

Unfortunately no. Since the listing ended more than 90 days back, that link has expired. I have saved the htm file in my hard disk though.[DOUBLEPOST=1380275072][/DOUBLEPOST]

Yeah nothing to worry its just a empty threat...

Btw why would you want to repair stuff you sold without warranty at your cost? That would probably wipe off the profits you had from the sale!

My parents are going to the US next month anyway. Only costs will be shipping from Denver to Houston ( HTC US Service center ), if item comes under Limited HTC Warranty

 

[AMG]

Tell her **** off!!!

 

[random2]

I am not a legal expert but this is IMO. It would be better if you consult a legal expert.

Firstly, your transaction does not come under consumer laws (You are not a 'trader'). You sold a used product as a layman. If at all one has to go the legal way, I guess they will have to file a cheating case against you. And there are too many loose ends for her to prove anything. All you have to do is to save as much information from your end in case she goes ahead and does that.

 

[Sanav3]

You can try contacting ebay as well, some proof from them about the terms of sale might make her understand that it's all useless

 

[ivhere]

Have you provided her an invoice?

 

[josejeya26]

Have you provided her an invoice?

No. Only eBay order summary

 

[ivhere]

No. Only eBay order summary

Without an invoice how would she prove anything against you in the court. It was her fault that she have purchased an imported phone to save some bucks without paying any tax.

 

[blkrb0t]

Since she has threatened with legal action, cease all communication.

 

[ivhere]

Since there was no VAT paid invoice. The trade of item is similar to selling a used item and you are not responsible for warranty on a used item trade. There is no legal contract between you two for any kind of after sales service.

 

[josejeya26]

Thanks for all the pointers. Has anyone has been to a consumer court? How does it work? She is based in Mumbai. I`m in Chennai.

Will i be required to make trips to Mumbai? Or, Would she be filing one in Chennai?

 

[mk151]

In most probability, it's just a threat. But the case would be filed in Mumbai as its the point where transaction was made and product delivered.

There is no chance of her winning the case. And here as you are not a professional dealer, hence whether it comes under the purview of consumer court is also a major question.

It's like u sell your used car on as is where is basis, and if it develops some problem after sometime u cannot approach the consumer court for that.

 

[ivhere]

Thanks for all the pointers. Has anyone has been to a consumer court? How does it work? She is based in Mumbai. I`m in Chennai.

Will i be required to make trips to Mumbai? Or, Would she be filing one in Chennai?

Yes! I have filed a case against my car and insurance company.

Before filling the case she would have to send a legal notice to you to repair the item and she would have to wait for at least 30 days before filling the case in the court then if you won't take any action within 30 days she would be able to file a case against you in the consumer court. Then court would send to a notice to present your case in front of the judge. Both of the parties would get 3 chances to put your side in the court. Each time court would give at-least 3 month time to every party and after hearing both of the parties judge would give the final judgment according to evidence available in front of him and this would not be the end, either of the parties would be able to go to higher court if they are not satisfied with the decision.

This process would take hell a lot of time and you would not have to go to other place, you just have to hire a lawyer at your place(lawyers are available for very cheap these days) and He would put your case there.[DOUBLEPOST=1380302965][/DOUBLEPOST]P.S. I don't know the legal terms, Just tried explained every thing in simple words.

 

[rkkaranrk]

J as we discussed just ask her to f**k o** let her do what ever she wants to do...... I really doubt she can file any claim max to max she can send a legal notice to ebay as the money was sent to them and not you. I really doubt that she can do that, Just chill.

 

[benryu]

whatever you offered to do/ help her - is this documented in email? if so then you might have a better chance because i can see that she wants only a refund and no repairs. if anyone wanted to repair they would do anything to find local shops or approach service centre. mostly she think she is dealing with some random person and trying to threaten to get her money back as well as free use of phone

 

[josejeya26]

whatever you offered to do/ help her - is this documented in email? if so then you might have a better chance because i can see that she wants only a refund and no repairs. if anyone wanted to repair they would do anything to find local shops or approach service centre. mostly she think she is dealing with some random person and trying to threaten to get her money back as well as free use of phone

Yes. I even called HTC US to set up a RMA request. I`ve forwarded the request to her e-mail.[DOUBLEPOST=1380338440][/DOUBLEPOST]

J as we discussed just ask her to f**k o** let her do what ever she wants to do...... I really doubt she can file any claim max to max she can send a legal notice to ebay as the money was sent to them and not you. I really doubt that she can do that, Just chill.

Thanks Bro. I know i shouldn`t be worried.