Chandigarh: Reliance digital store fined for selling used phone

The District Consumer Disputes Redressal Commission has penalised a Reliance Digital store for selling used and repaired mobile handset to a city resident. The complaint was filed by Neeraj Kumar Rajput, 31, of Sector 28 against Reliance Digital, Elante Mall. The forum directed the store to pay ₹20,000 to the complainant towards compensation for harassment, agony, loss and litigation expenses.

As per the complaint, Kumar had bought a mobile handset from the store in January 2021. While selling the phone, a store employee told Kumar that it was a demo phone and there was no fault in it. After a few months of buying the phone, he started facing problems.

Kumar said the an official of the authorised service centre in Sector 18 told him that the phone’s warranty had expired and it had been repaired at the centre twice, including a change of battery.

When Kumar took up the matter with store officials, they said that while a replacement is not possible, repair will be done on a charge.

Submitting that the store sold a used mobile phone, Kumar moved to the consumer forum.

In their reply, the store stated that Kumar bought a demo phone and was given a heavy discount on it. Before selling the phone, he was apprised about the actual status of the said mobile. After agreeing to it, Kumar signed an undertaking to the effect that no exchange, replacement or refund of the product will be entertained. Hence, he is not entitled to any relief.

The forum observed that the store failed to place on record any documentary evidence to show the discount that had been given to the complainant against the mobile in question being a demo handset.

Further, they also did not place on record any evidence to show that they had explained that the mobile is used, repaired one out of warranty.

“It is clear that the store has sold a used and repaired mobile to the complainant, which amounts to unfair trade practice, along with deficiency in rendering proper service. Thus, the complainant has suffered harassment and mental agony due to the unfair trade practice and deficient act of the store and has been forced to enter into unwanted litigation. The complainant, therefore, deserves to be compensated,” the forum observed in its order on April 25