The forum also directed Dixit to collect the repaired mobile phone from the service centre and in case, the defects were not rectified the manufacturer would have to refund the cost of the mobile phone.
Dixit had purchased a XOLO Q800 mobile phone from Flipkart on June 13, 2013, having warranty of one year. He claimed that after a few days of purchasing the phone, it started giving problem in the functioning of camera and would display the message “could not connect to camera”. He wrote to Lava International Limited for rectification of the defect and despite getting the phone repaired at the service centre, the defect was not rectified.
Smart Services claimed that they had repaired the mobile phone but Dixit was adamant on getting back the money. However, none appeared on behalf of Flipkart and Lava International Limited, thus they were proceeded to be ex parte.
The forum presided over by Rajan Dewan on July 30, said, “The mere fact that within a gap of less than three months the mobile set was sent twice for repair, and that on the second occasion it took more than 25 days to repair, is sufficient to prove that there was definitely some defect in the mobile set. Thus the seller, manufacturer as well as service centre are certainly bound to repair the mobile phone to the satisfaction of the complainant.”