Apni Law Staff asked 3 weeks ago
I purchased a second-hand phone from an individual on Quikr without buyer protection. Everything seemed fine initially, except the USB OTG feature. The seller claimed it wasn’t supported, and I believed him as he was the owner. However, I later discovered that the phone actually does support OTG.
Disappointed, I requested a refund, repair, or a return, but the seller didn’t respond. Before and during the sale, the seller concealed information about past repairs on the phone, only sharing it afterwards. This lack of transparency significantly impacted my decision to buy. I later learned the repair was related to charging issues. Within months, the phone stopped charging above 4%, making it unusable, and the OTG still didn’t work – likely due to the hidden repair.
Can I take legal action against the seller for cheating, misrepresentation, and fraud for selling me a defective phone?
Best Answer
Apni Law Staff answered 3 weeks ago
You may have grounds for legal action under the Consumer Protection Act, 2019. The seller’s misrepresentation and concealment of the phone’s defects, including the charging issues and OTG functionality, constitute unfair trade practices. You can file a complaint with the consumer forum seeking a refund, repair, or replacement.
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