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I bought a Xolo 1010 which became faulty in 8 Days.. Now I need Refund

I had bought a Xolo(ZOLO) Q1010 from Ebay on Feb 2014, I received the model on 18 Feb 2014. Ever since I bought it, the problem started. The phone becomes very hot while charging or while in use, The locking pattern behaved very weird everyday and it never accepted the unlocking attempts in 1 try. I had to try at least 6-7 attempts. Finally, on 27 Feb evening, after receiving couple of calls, my ZOLO phone was on charging mode and I received a call. I was not able to pick that call, to my surpirse I found there was a long crack on the handset screen. I was shocked to see the screen and was not sure as how it appeared.

So next day I spent time explaining this to Customer Service Team on phone as to know how can I get a refund or screen replaced as I had used the phone only for 8 Days with me. customer service did not accept this kept telling me that this incident would be chargeable. Initially I was not willing to pay the charges which I was not responsible for and I wanted to know the reason for that screen damage.
Customer Service were unable to assist me as they were adamant and asked me to pay first for the screen problem. I asked for the Service Center in Pune and I got the nearest center in Viman nagar. Viman nagar Service center person gave me the contact number of their Customer Service in charge in Mumbai named- *** who talked to me and we discussed about the complete incident that happened as a result, he confirmed and said he would look in the matter as do the best possible and also help me find the reason for damage. He suggested me to submit the phone at Viman Nagar Service Center. The phone was handed over to ZOLO team on 28 Feb 2014 to check and send me the details of problem occurred and was asked to wait for 8-10 days to complete their checks. I waited for 8-10 days and called Service center to know the status. Service Center updated me that it would take more 8-10 days as they are working on it. I thought, Zolo team will send me an update stating the cost and details of screen damage. I had made up my mind by then to pay up for screen if the cost would have been 2-3 K . I received a mail on 10 March 2014 from them specifying the the amount to be paid for screen damage would be 7000/- and reason for screen damage as "Physically TAMPERED", which was not the actual case. So I replied them to send me the tests & analysis they conducted to conclude "Physically TAMPERED" and also the reason for taking 10-15 days just to come up with this message as "Physically TAMPERED". After this the real pain started, I got a mail form them stating they would get back to me with an update and now news from them.... I had to remind them about their commitment of getting back to me..... still no update from them. All this behavior and experience from them was so disturbing and embarrassing as that was my personal phone and you can imagine how much inconvenience I must have faced from 28 Feb 2014 till 14 April 2014. I had been waiting for their response with some proper explanation and they have sent me nothing... Now I am planning to go to consumer court and seek for full refund along with compensation for such harassment from them.. people don't fall for the price and buy it the later part is worst and nightmare... They are not Xolo but ZOLO international and big time third grade company...

 

I need your suggestion on this.... Why am I not getting Refund or the peice replace if that crack has not caused by me?

 

Regards

Mahesh

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