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IN response to a "Buy-two-and-get-one-free" offer of a shop, I bought three pairs of jeans. However, just a week after using it and on the first wash itself, the fabric just tore at the thighs. I took it back to the shop and he said he would send it to the company and get back to me. When I did not hear from him, I checked again and now the shopkeeper says that the manufacturer is shutting down his unit and therefore nothing can be done. What can I do now? First and foremost, please remember that when a shopkeeper sells you a product or goods, he is fully responsible for its quality. If there is a defect in the product that he has sold, then he has to give you a replacement or a refund. He cannot escape that responsibility by pointing to the manufacturer. So never allow a seller to tell you that he will resolve the issue of a defective product by referring it to the manufacturer. If he wants to, he can sort it out with the manufacturer, but that is between them and you have nothing to do with it. As far as you are concerned, he has to return your money. Whether the manufacturer is closing shop or is unwilling to take back the defective pair of jeans, is not your concern. So do some straight talking with the dealer and ask him to give back your money. If he does not do that, then file a complaint before the consumer court, seeking a refund, cost of litigation and compensation for the money and time that you spent in revisiting the shop and pursuing the complaint, besides the harassment caused to you as a result of the behaviour of the shopkeeper. I must also mention here that in a number of cases, the consumer courts have made it clear that when a product turns out to be defective, the seller cannot point to the manufacturer and say that the seller has no liability. In fact in M.Subba Rao vs Avula Venkata Reddy (RP NO 3292 of 2003, decided on March 22, 2007), the highest consumer court in the country-the National Consumer Disputes Redressal Commission- made this very clear when it dismissed the argument of the dealer that he alone cannot be made liable for the defective product sold by him and that the manufacturer should be equally liable. The dealer was asked to pay the compensation amount. About six months ago, I bought an android cellphone of a reputed company. I am now told that the company has been bought over by another and that the service centre of the earlier company would be shut and the new company will not take any responsibility for the products of the old company. I have spent a lot money on my cell phone and I am now really worried. How does one deal with a situation such as this? Usually, in these situations, the new company has to take responsibility for the product. You can write to the old as well as the new company and ask them about it, the new company's service centres should service your mobile phone. You can also talk to the seller from whom you bought the cellphone. If you have a problem with the product, you can always hold the seller accountable. If, for some reason, you need to file a complaint before the consumer court, you can name as the opposite party, only the seller or both the seller and the new company.
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