TRADUS/NOKIA

I purchased a Nokia Lumia 925 mobile phone from www.tradus.com vide order No.: 11145275 dated 12 Oct 2013. I have paid an amount of Rs. 27032/- for the same. As per the description in your website the product will be new and fully non-defective.

I received the Mobile Phone on 16 Oct 2013. On inspection it was found that the phone’s internal speaker is not working. Immediately I reported the same to Tradus Customer service vide email dated 17 Oct 2013. In response to the same, they issued a request no. of 1280777 and informed that I will be contacted shortly. On the next day, 18 Oct 2013; 9:23AM, I received another mail from Tradus asking me to visit Nokia’s customer care centre.

I visited the Nokia’s customer care centre in Koromangala area in Bangalore on the same day, 18 Oct 2013, around 4:15PM. The customer care centre folks inspected the product and tried software/firmware reset (both hard reset as well as soft reset) and software upgrade, however these steps did not resolve the problem. The customer care feels that it’s a hardware issue and I should have the phone returned as the problem was discovered and reported within the first 48 hours of the receipt. In fact, the customer care centre is not allowed to repair phone that has problem discovered in the first 48 hours of receipt and Nokia’s policy requires the phone to be replaced. The service centre can’t replace the phone and suggested that I should have the phone replaced. I provided the above summary to Tradus via my email on the same day, 18th Oct 2013, at 6PM and they issued a request no. 1290024.

I received an email back from Tradus on the next day, 19 Oct 2013 at 3:38PM instructed me to approach the nearest Nokia Care service center and get a DOA (Dead on Arrival) certificate from Nokia Care for the replacement process. I asked the Nokia’s customer care centre during my visit yesterday (18th Oct 2013) whether they can issue any DOA certificate, they also confirmed that they don’t have any provision to issue any DOA certificate. In fact, they said that they can not issue a job card for this as the product should be replaced if the issue is discovered and reported within the first 48 hours.

As per the terms and condition, Tradus, guaranteed 100% money-back if there is an issue with product quality, size or delivery. More over as per the Secure Pay 100% money-back guarantee (see http://www.tradus.com/buyer-protection), it is also stated that “ Your payment will be held with Secure Pay till the time product is delivered and you are completely satisfied with the product quality”. Since the Product which I received is a as per my order no 11145275 date 16 Oct 2013 is a defective mobile phone, I am clearly eligible for a refund or replacement.

How can my rights be protected?