Flipkart — Damaged Delivery

Address: Nehru Nagar

I purchased apple iphone 4s. it delivered on 30th june i was out of station . I opened the box on 5th july. Phone did not get switch on. I report Flipkart for the same. Their Dealer had 10 Days Replacement policy . but after they are lingering the matter and it no decision is taken yet. so I wanna file a case against the Flipkart in Consuer forum.