Local media report that a Chinese consumer surnamed Xing has filed a lawsuit against the Ministry of Information Industry, State Administration of Industry and Commerce and General Administration of Quality Supervision, Inspection and Quarantine in the hope that the three will amend an unreasonable clause regarding the repair and replacement of his mobile phone.

The three ministries issued guidelines called "Responsibilities for Mobile Telephone Goods Repair and Replacement" in September 2001 that stipulates consumers must pay 0.5% depreciation rate per day to the goods provider when they return the purchased goods.

Xing says this clause is unfair to the consumers because most of goods to be returned have a failure caused by the provider itself. Xing says most Chinese consumers are dissatisfied with this clause, but they have chosen to be silent.

Xing's lawsuit, the first of its kind in China, is of timely significance to China's mobile phone industry which is suffering an ever increasing amount of complaints over product defects and problems.

The case will be heard by a court within a few weeks.