NSW Return a mobile phone and Get a refund

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ROBY1972

Active Member
14 August 2017
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0
31
I was looking to buy a mobile phone ,i was looking on line .where i found this website (in sydney).
this website advertised that mobiles are australian stock not overseas and gives
30 DAYS MONEY BACK GUARANTEE
On 9.8.2017 i went to the shop and bought a samsung galaxy s6 edge .with idea the mobile is Unlocked Aussie Stock.
But after 2 days i found the mobile is from usa ,and there are few problems with it , one update not working ,two i get annoying messages like sim is not from verizon .
this saturday 13.8.2017 i went back to the shop but the sales man was rude ,refuse to help me ,so i went back home and i send an email to address email on business card ,and today 14.8.1917 .i called the shop asked for manager or boss where a person told me he oversease and ask me to give him my mobile number so he call me after half an hour witch he did not .
I would like to know what court should i take the matter to normal one or civil couert ,and can i ask money for trouble as compensation ,i like to get my money back 420$ ,and 200$ as compensation .to teach this person a lesson
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
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Gold Coast, Queensland
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You could try making a complaint to the ACCC. I doubt you would be the first, or only, one to complain if they're selling overseas specification mobiles. My limited understanding of the technology is that different countries use different frequencies, and the American ones may not be compatible with Australia's network - as it appears you are finding out. It may be possible to use the phone's serial number to confirm this.

In terms of courts, I'm not sure what you mean by a 'normal' one but the matter is a civil claim. You should be able to take it to the NSW Civil and Administrative Tribunal. You can't claim compensation, just the refund.
 

ROBY1972

Active Member
14 August 2017
5
0
31
today i did attend the court .the respondent was absent ,this is what happen:

1. At the request of Applicant, on 27 October 2017 the hearing was adjourned to a date to
be fixed by the Registrar.
2. On or before 8 November 2017 the Applicant shall file with registry of the Tribunal
(a) an ASIC business names extract for the business names (respondent) and,
(b) if the owner of the the business names is a coporation, then a copy of a recent ASIC
company extract for each company.
Extracts can be purchased online at the ASIC wbsite www.asic.gov.au

i did search asic website but respondent (company) not there ,so please what should i do now
 

Rob Legat - SBPL

Lawyer
LawTap Verified
16 February 2017
2,452
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Gold Coast, Queensland
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Find the ABN on the tax invoice. Go to abr.gov.au and use the "Check an ABN in ABN lookup" (bottom, right side) to find the name of the company or business that sold you the mobile. Then, search on that. If it comes up with a trust, that's a little more difficult, and you may need to check whether the tax invoice has a name on it, or do a whois search on the website to find out who the registrant is and try an ABN search on them to find out if they are linked to the trust.