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  1. Madhavi
  2. Consumer
  3. Thursday, January 11 2018, 09:28 PM
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Is an mobile phone company allowed to sell their mobile phone in India without a packaging box which has

printed details like manufacturer name, importer name, manufacuring month&year, model name etc details.

The company has only shared a receipt after payment for the new phone.

Under which Indian Law, Act, Regulations, Unfair Trade Practices has the company failed to follow Indian laws protecting consumers rights?
Comment
Thank you for your valuable time. As a layman this is my understanding because I only realized my mistake when there was a defect in my phone and I needed the manufacturing month year to understand how old the phone was and the company now has reverted saying it is their policy which i immediately rejected as companies need to abide by the laws of the country where they sell their products and this is not something any country regulations will promote.
  1. Madhavi
  2. 1 week ago
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Accepted Answer
VINOD ZUTSHI Accepted Answer
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Prima facie, looking at the facts given by you , it is a case of unfair trade practice.
The Law related to Unfair trade practices in India, is '' The Consumer Protection Act 1986''
Under this law, Unfair Trade practice is defined in Section 2(1)r.
You can take legal action under this act by filing a complaint to the 'DISTRICT CONSUMER DISPUTES REDRESSAL FORUM' of the District in which the Goods were sold to you.
SUMMARY OF RESUME

Retired IAS Officer (1982 Batch) with 35 years of leadership experience in Administration, Management and Law. Superannuated on 28 Feb 2017 as Secretary, Ministry of Tourism - Government of India.
EDUCATION

Year Course/Degree University Division
2016 Bachelor of Law (LL.B) Delhi University First Division
2014 Executive Program (Residential) – International Economics Harvard University -
2010 Executive Program (Residential) – Public Policy &Administration Harvard University -
1978 Master of Business Administration (MBA) FMS, Delhi First Division
1976 Bachelor of Science (B.Sc.) Jiwaji University, Gwalior University Topper

EXPERIENCE IN LAW

A Law Graduate having LLB Degree from the prestigious Faculty of Law, University of Delhi, Vinod Zutshi has applied his knowledge of law and legal provisions throughout his career in the IAS.
Zutshi has been issued provisional certificate of enrolment as Advocate (under the Advocates Act, 1961) by Bar Council of Delhi.
He is an expert in Election, Administrative, Business and General Laws.
He has presided over Revenue & Criminal Courts (Both original & Appellate) while serving as Judicial Magistrate-II; Sub Divisional Magistrate; Collector & District Magistrate.
Zutshi has also handled and applied Election Laws, viz Representation of Peoples Act & Conduct of Election Rules and has acted as an Appellate Courts under the RPA Act & Rules during his 6 years tenure as Dy. Election Commissioner in Election Commission of India and during 1½ years as Chief Electoral Officer in Rajasthan Election Department.
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  1. one week ago
  2. Consumer
  3. # Permalink
Madhavi Accepted Answer
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Strange though it may sound, it has very sadly happened and I have purchased a mobile phone without the packaging under the guise of the executive putting in the sim card and I came back home with just the phone. Now the phone is defective and I want to know the manufacturing month-year and I realize I do not have the box. Now the authorised dealer and the India head office of the global company says it is the company policy for the box to be sent back to their head office which is a shock for me and from a layman perspective, I see this as big fraud.

I have paid for the new phone and I have the receipt as proof of purchase and I wish to take this forward as a consumer on my own.

I do not find it acceptable but under which Act / Law / Regulation can I take action? What is the seriousness of this failure of this Overseas Company to follow the law from a Government of India perspective on Consumer Rights?

Thank you in advance for your time.
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  1. one week ago
  2. Consumer
  3. # 1
GURU Accepted Answer
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You may be in some misunderstanding, companies do not sell their products directly to the public and that too without packaging.

Better discuss the real problem, if any you have faced, rather than asking riddle.
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Please CLICK at Link 'ACCEPT AS ANSWER' at top right of my answer, if you find my answer useful
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  1. one week ago
  2. Consumer
  3. # 2
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