Nokia India
Nokia phone dead from day one

I bought a Nokia 5130 express music phone on 16-apr from iphone.

I gift it to somebody on 19th. I cam eeto know that i didnot work for a single call. I submitted the phone to nokia care gurgaon they gave me after two days said its repaired, i checked gain at home it was not working, again i ahve been asked to submit the same. want to know if it was not working from day one i am liable to get a new phone which they denied. please help me out.