How to file a Consumer Forum petition

How to file a Consumer Forum petition

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How to file a Consumer Forum petition

Dimers,

I have been a victim of Google. They have cheated me with after sales service regarding my Pixel XL which was sent for service. They have sent me a repair estimation of Rs. 22,000. They are asking this in spite of the fact that the problem is in manufacturing level (sudden death of Google pixel devices, motherboard failure). Also, back in August, 2019 they sent me a replacement device which was actually a refurbished unit, but they never informed me the same. Now when I am asking for my original device (the one which was bought from Flipkart) they also not agreeing to send me the same. The story is long. I am mentioning the highlighted parts here to keep it short.

I already created a ticket back in January itself on https://consumerhelpline.g...n/ but after a month’s wait they simply disposed the case. All they did was forwarding my complain to the accused and as the accused was unresponsive the case was disposed. Attaching the screenshot of their lame response for your views – https://i.imgur.com/OrW0E...ng

And this was before they asked of the insane repair charge and my knowledge that I was using a refurb. device.

Please tell me how to proceed. I paid 44k for this device when I bought it. Thereafter I paid additional 4800 for repair charge. And now they are asking 22k repair charge, all these for manufacturing defects no less. And now, unless I pay it, they will send me back the refurb. device which is dead. My original device which I sent in for repairing back in August, 2019 had a non-working part only, but everything else was working fine. And they without even informing me sent me a refurb. phone. So please tell me how to file a petition in consumer forum and what other steps are required to at least show them I am not going to just accept this cheating/ scam.

There is a website wherein there’s a link of some other affected consumer created a case on consumer forum but the image/ link has expired- https://piunikaweb.com/2018/05/03/untangling-go...

Please help me out. I have had so much headache due to this I can’t explain I lost sleep on so many nights due to this fraud by Google. Again, what you read above is the short version, if you have time you can read the full story as I mentioned on reddit- https://www.reddit.com/r/india/comments/fkvenf/...?

Thanks in advance.

@Roushh Well as you have experience in these matters tagging you.

9 Comments  |  
7 Dimers
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After reading the whole post, I feel very bad for you and kinda surprised that Google treated you this way because as I have heard, Google has one of the best customer services even in India. I haven’t dealt with them personally but I have read about it in many android forums and social media communities about Google treating Indian people right. There was a time when I was deep into Android and I really wanted to buy their device but never got around it. Anyways…

To be frank, I have no clue what can be done in this case… If your phone is under warranty then they will have to fix your device without any charges. They can’t deny it, period. But if it is out of warranty then it will be a totally different scenario.

Of course, you can seek legal assistance. Registering a case is easy but proving that you have been cheated it hard. If you have hard evidence to build your case and prove the wrongdoing then without a doubt, they will have to right the wrong.

Now, you said you received a refurbished device as a replacement and they never informed you about it. But did you check their terms which specifically mentions that they will have to replace your device with a brand new device if it is out of DOA period?

Another thing is how are you going to prove that the replacement device had a manufacturing defect and not poorly handled. If it had a manufacturing defect then why did it work fine for the next few months? You will be asked to answer questions like this. You will be asked to prove your claim.

As far as I know, Google is a type of company which covers their tracks legally very well via their terms. There were many lawsuits filed against Google in the past and with a bit of luck, people initially won the cases but they appealed. They hit hard and won back.

You should consult with a lawyer.

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Roushh wrote:

After reading the whole post, I feel very bad for you and kinda surprised that Google treated you this way because as I have heard, Google has one of the best customer services even in India. I haven’t dealt with them personally but I have read about it in many android forums and social media communities about Google treating Indian people right. There was a time when I was deep into Android and I really wanted to buy their device but never got around it. Anyways…

To be frank, I have no clue what can be done in this case… If your phone is under warranty then they will have to fix your device without any charges. They can’t deny it, period. But if it is out of warranty then it will be a totally different scenario.

Of course, you can seek legal assistance. Registering a case is easy but proving that you have been cheated it hard. If you have hard evidence to build your case and prove the wrongdoing then without a doubt, they will have to right the wrong.

Now, you said you received a refurbished device as a replacement and they never informed you about it. But did you check their terms which specifically mentions that they will have to replace your device with a brand new device if it is out of DOA period?

Another thing is how are you going to prove that the replacement device had a manufacturing defect and not poorly handled. If it had a manufacturing defect then why did it work fine for the next few months? You will be asked to answer questions like this. You will be asked to prove your claim.

As far as I know, Google is a type of company which covers their tracks legally very well via their terms. There were many lawsuits filed against Google in the past and with a bit of luck, people initially won the cases but they appealed. They hit hard and won back.

You should consult with a lawyer.

Where did you read reports of praising Google’s after sales service? Reddit? That place is run by Google shills, the Pixel sub. Any negative Pixel related stuffs you post there get downvoted to no end and eventually no one is able to find them. The Google shills are worse than the iPhone sheep. It’s actually surprising that these biased topics have made you think Google has one of the best customer service, while in fact, the case is exactly on the contrary.

As per to your queries/ concerns, firstly, yes, they have their TnCs and they might have followed it. But the fact remains, before paying the service charge of 3251.38 I specifically asked whether the components used for the service will be refurbished or brand new, to which they confirmed it will be brand new. It was only after this assurance I cared to pay the service charge.

Secondly, my phone was in fully working condition, only the microphone which was dead. And the said mic. problem is acknowledged by Google and under certain lawsuits the affected customers are getting up to 500 dollars in the US. So, for the same problem where one country’s affected customers are getting compensation, over here we are having to pay for the same. The least they could have done is do the service free of cost.

Thirdly, I am legally entitled to my own phone. I bought and paid for it. They, under no circumstances can take my phone and replace it with a refurbished device, which according to themselves is only worth 17,999, citing the reason the the parts were unavailable at that time. Unavailability of parts is not my problem.

Fourthly, they are asking 22,000 repair cost to replace motherboard for their provided refurbished replacement device. According to their own words, the whole refurb. device is worth 17,999 only. This is probably the most hilarious calculation which will baffle even Einstein.

Lastly, like I said on reddit, upon googling ‘Google Pixel motherboard failure’, or ‘Google Pixel sudden death issue’, will lead to hundreds of topics, with nearly thousand of users reporting this exact same issue. And this sudden death problem is taking place after the update to Android 10. Furthermore, the issue is not only limited to Pixel 2016s, it’s affected Pixel 2 and Pixel 3s also. However, the newer the phones, the lesser they have aged, so less number of reports for newer phones.

Anyway, I firmly believe I have more than enough evidence to go on. The scam they are undertaking is very transparent. So what I am asking from you is, is there any way I can create a Customer Forum petition online or something? I will send a legal notice to B2X, but Google India has no existence it seems, upon requesting time numerous times to furnish their Indian address they still have not provided me with the same, Google has to be partied along with B2X for the notice. I will talk with a lawyer but under current circumstances that is not possible and I want to utilise this home-isolation situation if anything can be done online.

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Deal Cadet
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Ek kaam kar
Tu phone chak
Firl lawyer nu phone kar
De das de apni problem
😂😅

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Deal Captain
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@ithehappy If you had an issue accepting a refurbished device then you should have contested it right when you were given it and not now! It is an industry practice across all brands to provide refurbished device or new device which is up to their discretion. Even google pixel’s terms and conditions clearly say that you can be given either a brand new or a refurbished device as a replacement.

Once you accept and start using a refurbished device that’s your device and not the one you originally purchased from Flipkart. Again, if you really wanted to retain your originally purchased phone you should have asked them to return it without fixing the microphone back then as you wouldn’t want to get a refurbished device. You basically would have had only two choices, either get the refurbished one or get back your old device with a broken microphone.

As far as replacement costs of parts go, that’s again up to the company, if it’s a hidden charge that hasn’t been let known upfront you can go legal about it but what legal grounds do you proceed with again it?

The only way I can see you proceeding legally is that if your device is still under warranty and if google or it’s authorised service centres demanding 22k to fix the broken motherboard. Apart from that I see no strong reason how you can proceed legally. Going legal doesn’t happen as per your intuition and what you feel is correct, it happens by the written terms that have been violated. Do you have ample proof that Google’s has broken its terms and conditions for warranty for pixel xl?

From google’s terms and conditions page for hardware sold in India
What will Google do? (THIS IS YOUR EXCLUSIVE REMEDY) If a defect covered by this Limited Warranty arises and you return your Device during the Limited Warranty period (which is one year for new devices and ninety days for refurbished devices), Google will in its sole discretion and to the extent permitted by law repair your Device using new or refurbished parts, replace your Device with a new or refurbished Device functionally at least equivalent to yours, or accept the return of your Device in exchange for a refund of the purchase price you paid for your Device. If Google repairs or replaces your Device, the repaired or replaced Device will continue to be warranted for the remaining time of the original warranty period. All returned parts for which you have received a replacement will become the property of Google. Repair or replacement may result in loss of data. Nothing in this Limited Warranty will reduce or otherwise affect your statutory rights in relation to your Device.

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I am assuming that your handset was under warranty in August 2019. You should not have accepted the refurbished device in the first place, instead you should have asked for a new replacement unit.
Refurbished items never will work unlike a new handset as it might have had few issues in the past because of which it has been refurbished.

I remember long time back I had motherboard failure of my Sony handset under warranty and service centre replaced the motherboard which took almost 15 -20 days time. Due to motherboard change IMEI number was also changed Sony service centre gave me proper documentation stating the IMEI number, I wasn’t charged a penny.

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Expand
ithehappy wrote:

Anyway, I firmly believe I have more than enough evidence to go on.

Great! Then lawyer up.
Best of luck plus1

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raghupro wrote:

@ithehappy If you had an issue accepting a refurbished device then you should have contested it right when you were given it and not now! It is an industry practice across all brands to provide refurbished device or new device which is up to their discretion. Even google pixel’s terms and conditions clearly say that you can be given either a brand new or a refurbished device as a replacement.

Once you accept and start using a refurbished device that’s your device and not the one you originally purchased from Flipkart. Again, if you really wanted to retain your originally purchased phone you should have asked them to return it without fixing the microphone back then as you wouldn’t want to get a refurbished device. You basically would have had only two choices, either get the refurbished one or get back your old device with a broken microphone.

As far as replacement costs of parts go, that’s again up to the company, if it’s a hidden charge that hasn’t been let known upfront you can go legal about it but what legal grounds do you proceed with again it?

The only way I can see you proceeding legally is that if your device is still under warranty and if google or it’s authorised service centres demanding 22k to fix the broken motherboard. Apart from that I see no strong reason how you can proceed legally. Going legal doesn’t happen as per your intuition and what you feel is correct, it happens by the written terms that have been violated. Do you have ample proof that Google’s has broken its terms and conditions for warranty for pixel xl?

From google’s terms and conditions page for hardware sold in India
What will Google do? (THIS IS YOUR EXCLUSIVE REMEDY) If a defect covered by this Limited Warranty arises and you return your Device during the Limited Warranty period (which is one year for new devices and ninety days for refurbished devices), Google will in its sole discretion and to the extent permitted by law repair your Device using new or refurbished parts, replace your Device with a new or refurbished Device functionally at least equivalent to yours, or accept the return of your Device in exchange for a refund of the purchase price you paid for your Device. If Google repairs or replaces your Device, the repaired or replaced Device will continue to be warranted for the remaining time of the original warranty period. All returned parts for which you have received a replacement will become the property of Google. Repair or replacement may result in loss of data. Nothing in this Limited Warranty will reduce or otherwise affect your statutory rights in relation to your Device.

Exactly how would I have known back in August that the replacement device I got was a refurbished unit? In fact, probably you missed the part, wherein I said I specifically asked them beforehand paying the service charge of 3251.38 whether they provide refurbished items or brand new, to which I got assurance they only use brand new parts. Obviously, after this written acknowledgement by Google customer support there was no question of any doubts related to any refurbished units/ parts. It is only now, just few days back in this month alone they acknowledged after much persuasion to me queries that they indeed have sent me a refurb. which is worth 17999 only.

My phone was obviously out of warranty. That’s the reason I paid the amount. This doesn’t take away from the fact, I paid for a manufacturer acknowledged hardware defect, i.e. the microphone defect.

Also, you lack knowledge regarding the upper limit of repair cost/ service charge it seems. Service charge/ cost of repair can never exceed the total worth of a device. So asking 22k for repair charge for a device worth 18k is downright absurd. In fact, on the basis of this alone a case can be made. Even if I don’t take into account the fact of the tremendous mental harassment this caused me, from the likes of having to send the device three times to servicing in a span of three months.

Google will obviously cite their terms and conditions before a court of law and how they have adhered to it, I would love to see them explaining how they justify sucking 4800 for repair charges for their manufacturing defects and asking ludicrous service charge from a customer which is more than the device’s market price, along with the fact how they have misinformed me before sending the refurb device.

I created this topic here to ask if it is possible to create a petition through Consumer Forum online.

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