Asus India — I am complaining on fake mobile

Address: 560005

Order Details
Order ID: OD[protected] Items)
ASUS ZEN PHONE MAX
Order Date: 07 JAN, 2016
Amount Paid: Rs. 9999(discounted rate) through Cash on delivery
colour: Black, QTY : 1.
The phone is VERY bad hands free effect is not good & Seller committed 36 days battery back up is not coming.
I need a refund on this product as it is not functioning properly and it is in the warranty period & as per commitment i spoken to customer care they are not taking responsibility please do needful i dont want to go to consumer forum ...