Micromax — Replacement of second hand phone

I recently had my phone submitted to micromax care which was in warranty and was suddenly dead. First of all I received the phone in more than 2 months. Secondly I was given with a replacement phone which was second hand. I am not sure if this is even legal, but is surely unethical for an esteemed organisation like Micromax. On top of that, your customer care executives are hanging up the call every time i ask for an answer.