Dear Sir,
Under instruction from and on behalf of our aforesaid client, we hereby serve you with the following notice –
1- That our client Mr. Ranjan Agarwal is working in an MNC and posted at Chennai as Associate Consultant on a package of Rs. Five Lac. Our client booked his household articles from his residence 4A, Pocket D-2, Mayur Vihar – 3 Delhi to Chennai through your office and for the same our client has to make payment of the complete amount in advance to you as your official asked our client that if he will not make the complete payment in advance, the goods may reach 2-3 days late at the destination. It was asked and promised at the time of quotation, booking the household articles as well as at the time of loading the household articles on ………. that you are providing the best services in this field and all the goods will reach at the destination within 5 days only in safe condition. It was also promised by your official/staff of Delhi office that the Marine Insurance policy of household goods will be provided to our client within two days. But despite of great persuasion the same was provided to our client after delivery of goods at Chennai. It is pertinent to mention here that the amount for Marine policy for household articles was separately paid by our client.
2- That after great persuasion with your official/staff and humiliation, harassment from your staff/official of Delhi, Chennai, Mumbai and Bangalore office on 26.03.09 our client received the incomplete and badly damage household articles which were damaged due to poor handling of the goods on behalf of your labor/staff/official. After seeing the condition of damage household articles, our client contacted your office at Delhi and Chennai number of times personally as well as telephonically more than hundreds times and by SMS for doing the needful for search out one carton containing One Sony Digital Camera with accessory of Rs. 16000/-, Wi-Fi Speaker and Wi-Fi Headset of Rs. 4000/- and Sony DVD Player of Rs. 4000/- and damage household articles. But you and your official/staff transfer the liabilities and duties to each other meaning thereby whenever our client contacted the official/staff of Delhi office, it was asked to our client that the matter will be sought out by Chennai office as the goods has been delivered by Chennai Office and when he contacted again to Chennai office, it was asked to our client by the official/staff of Chennai office that the matter will be sought out by Delhi office as the goods has been booked from Delhi Office. You and your official/staff of Delhi and Chennai office kicked off our client like a football from one goal post (Delhi office) to another goal post (Chennai office) and ultimately when our client fed up with these things, he finally sent an e-mail to you and requesting therein for resolving the issues immediately otherwise he has to constrained to take the resort of Law.
3- That you and your official/staff, after receipt of the above said e-mail, neither tried to contact our client nor do any efforts to resolve the issues. Moreover when our client contacted to you and your official/staff, you all flatly refused to do the needful for resolving the issues and asked to the our client that now we (you and your official staff) will not do anything in resolving the issues and If you (our client) wants litigation, you (our client) has to come to Delhi and these are normal things for us. You and Your official/staff further asked and threatened to the extent to our client that never tried to come to our office in future as we (you and your official staff) have closed the matter at our end otherwise you have to face problems. After that you and your official/staff of Delhi and Chennai even stopped pick up the phone calls as all the calls of our client to Delhi official/staff were diverted to one single number 9312163520 of Mr. Sunil Kumar Traffic Manager (As Stated to our client). Whenever our client tried to call from another phone or mobile number, Mr. Sunil, after confirm that it is our client, disconnected the call as well as sometimes threatened not to call him. The below mentioned phone numbers are the phone numbers of your official/staff on which our client pursue his matter –
Rahul Chauhan (Sales Executive) - 9311229798, 9810076233
Sunil Kumar (Traffic Manager) - 9312163520
Chennai Office - 9340076233, 04432971133
Ms. Rajni (Staff of Delhi Office) - 01122148899
Mumbai Office - 02223772137
Bangalore office - 08032468899
4- That in persuasion of above said matter of our client, you and your official/staff harassed our client physically, mentally as well as economically. Our client has to take leave from his office number of days for persuasion of matter personally with Delhi and Chennai Office and had to constrain to come to Delhi office for resolving the issues. Our client had to stay at home three times after taking leave from his office as your official/staff asked to our client that the household goods will be delivered today or another day but it was never delivered on the said date as promised. Our client had to stay in Hotel for 15 days as his household goods could not delivered in time as per promise given to our client by you. For that our client has to expend Rs. 1100/- per day for 15 days total amounting to Rs. 16500/-. Moreover our client had taken an accommodation for his residence as per your promise of delivery the household goods and as per rent of the accommodation, our client had to pay Rs. 300/- per day total amounting to Rs. 4500/- without residing there as he was unable to residing there without household goods and he had to stay in hotel during this period. In pursuing the matter with your staff/official of Delhi, Chennai, and Mumbai and Bangalore offices telephonically, our client has to pay the bills of Rs. 1500/- approx. for telephone calls made to your offices by our client. You had delivered the goods too late by these acts; you have committed deficiency of service. Moreover You have cheated my client as you, after taking the payment for Marine Policy from our client, did not get issued the marine policy from the Insurance Company and when our client pursue the matter regularly, you sent the same after receipt of incomplete and damaged goods. In this way you have also committed forgery with our client also.
5- That Our client, being the IT person, after harassment so badly, check out the status of your company on the net and found that there are hundreds of complaints of your consumers on the net against your company. It seems that you are cheating the consumers in this way regularly. You and your official/staff threatened to our client and did not delivered the misplaced carton as mentioned above as well as did not do the needful for the damaged goods till date despite hundreds of request calls to Delhi, Chennai, Mumbai offices as well as personal visits to Delhi and Chennai offices. Under the above said facts, you have committed the offence under the various section of Indian Penal Code. Our client reserves his right to file criminal complaint against you under the various section of Indian Penal Code.
We, therefore call upon you, under the above said facts and circumstances, to deliver the misplaced carton as mentioned above or make the payment of goods (as mentioned above) to our client which were sent in the misplaced carton from Delhi to Chennai as well as do the needful for damaged goods, which were damaged due to poor handling of the goods on behalf of your labor/staff/official as well as make the payment of Rs. 16500/- for hotel stay, Rs. 4500/- for the residence and Rs. 1500/- for telephone calls as details given above within thirty days from the date of receipt of this notice, failing which our client have to constrained to take recourse to the court of law at your cost and risk so as to consequences.
Copy retained at our office for further action.
UPADHYAY & ASSOCIATES
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