Dear Madam,
It was really very disappointing to talk to you over phone on the above subject. Your intention have come out very clearly. I want to bring to your notice the following points.
1. Both of us agree that there was a hole in the saree sold by you. I have never blamed that you had made the hole but have been categorical in explaining that this was defective saree which you would have taken delivery from the supplier. Thus the manufacturer is responsible and they should replace the saree. We can always show the saree to any expert and find out whether the hole was made by me or it was a manufacturing defect. i would leave it to experts and when the time comes we will give for expert opinion by any independent authority.
2. My wife had called on you not to repair the saree but to replace it.. You have in your mail admitted that your salesman was about to replace the saree when they found out about the blouse being stitched and backed out. Thus where is the question of my wife agreeing for mending comes in. All your salesman and you were categorical that either you take repaired saree or the defective saree. She had no alternative but to give it you and you chose to repair it.
your so called generosity of agreeing to replace the saree now is also a story as you wanted that the blouse piece to be returned as was given to us. When in your below mentioned mail you have agreed that you are aware that the blouse was stitched how and why are you insisting for the blouse piece be returned to you as was given by you. This is a clear case of feigning innocence and acting like good Samaritan to replace the saree.. Your ulterior motive is clearly visible.
3. A defective saree was handed over after the blouse piece was cut. You retained the saree for fall and pico and subsequently we took delivery of the saree. The blouse was given for stitching subsequently and after delivery of the same while wearing the saree the hole came to notice. How can some one return the blouse piece after stitching it. You offer is malicious and intentional to harass and prolong the correspondence. You can't absolve yourself of responsibility by repairing a damaged saree and asking us to accept it. Why should a genuine customer spend good money to buy a defective saree and get it mended to wear it. If you insist that you are not at fault how can I be asked to share the burden. You are the seller and you have delivered ad defective and substandard piece at new price.
4. Your mails have been very derogatory and threatening. In you first mail you had called my wife as "not a small baby". In your second mail you have mentioned that "unpleasant stray cases like yours". You can't and should not misuse your authority and might of money to threaten a consumer. Govt of India has lot of forum other than the public forums available to seek redressal.
5. As confirmed to you over phone I am not going to bow down to your threat and pressure tactics and will proceed against your might in the forum available to me. I had purchased Rs.14600/- worth of sarees on the same day and it is not the amount which is important it is the business ethics. I would bring it the notice of all general public through print and electronic media on your wrong doing so that no other inncoent consumer can ever get duped.
There is no question of seeking any replacement now. Please refund the amount paid for the defective saree immediately. If you fail to do so I am free to proceed against your concern on any forum available to me.
Thanking You.
Regards,
Saroj Satapathy
& On Mon, 7/26/10, kavita samsukha wrote:
From: kavita samsukha
Subject: RE: Defective Saree
To: [email protected]
Date: Monday, July 26, 8:15 PM
Dear Sir,
As far as your aligation on my salesman of his refusal to check the sarees is concerned, I enquired from my salesman, he says first of all you never asked for it and had you asked why would he not do it and here let me clarify that this is our usual practise whenever customer asks to check the saree we do the checking in front of the customer for his satisfaction even though the sarees are checked previously.
Now as to when and how did the pinhole came in the saree, as I wrote you earlier also in this particular case we cannot take resposibility. The arguments can be never ending. The fact remains that with your wife's consent it has been mended and we request you to take the delivery of it. As far as the aligations of coersing your wife or using unparliamentary language for her are baseless. These are nothing but your anger for us that any one will understand.
As far as our treatment and behaviour towards customer is concerned, with due repect to customers we try our best not to displease anybody, but a few unpleasent stray case like yours happens which gives bad name to our goodwill. In these cases one become helpless as one has to draw a line somewhere. Who is at fault is a debatable issue and the debate can be neverending. To finish of the matter, I request you to take the delivery of the saree within7 days Or else on giving us the saree with blouse piece (As you took from our shop), you can take another saree of the same worth free of cost within 7 days. But cash refund is not possible. I think I have been clear enough. In case you have any query on the issue you are welcome to either write or talk over phone. I chose to write and not talk over phone as asked by you, because I do not want to talk futher and add to your greivance now by saying anything. Enough of alligations you have charged on me for no fault of mine.
Sorry for inconvinience caused to you,
regards,
kavita
Date: Sat, 24 Jul 23:08:03 -0700
From: [email protected]
Subject: RE: Defective Saree
To: [email protected]
Dear Madam,
Thank you for your mail. I am unable to make out as to what are you trying to prove on the mail of yours. You admit that there is likely hood of a pin hole which my wife and your salesman might have missed out. Your salesman refused to check the Saree as they were categorical that the sarees are checked twice before it is sold. Hence, as a consumer where i am at fault?
You are now trying to hide behind the truth saying that my wife had agreed to mending. The fact remains that she had no option and you gave her the choice of taking back the Saree or to mend it for her free of cost. This is nothing but coercion on your part to agree to your terms. You are now indirectly trying to prove your innocence by saying that the hole was seen after 15 days and might have been caused by us. It clearly shows your malign and vicious intention to dupe innocent consumers. We had always had high regards for you brand and never in the past raised any concern on the quality. However, it really hurts to read such unparliamentary language being used in your mail as ' your wife is not a small baby...' This shows your scant regards to common consumer and derogatory language being used by you.
However, if you are keen on settling this issue please communicate it in clear terms. I fail to understand your precondition on the blouse piece. Please call to clarify so as to end the issue immediately.
Thanking You,
Regards,
Saroj Satapathy
& On Tue, 7/20/10, kavita samsukha wrote:
From: kavita samsukha
Subject: RE: Defective Saree
To: [email protected]
Date: Tuesday, July 20, 1:17 PM
Dear Sir,
In regard to the matter of defective saree, I need to clarify a few points to you.
There is neither a weaving defect nor a problem with zari or color in the saree. First of all the saree was opened and shown to you then only you chose to buy . when we cut the blouse piece in front of you then also the saree is openned, still so called defect (a pin hole which is difficult to detect with normal eye view) is not visible either to our salesman or to you. That means either that hole was not there at that time or it was so tiny to be visible. We deliberately have not sold you any defective saree. The saree was delivered and you compain of the defect after 15 days. Once the saree passes on to you and it is with you for 15 days and we do not know how have you kept that saree, we cannot take its responsibility. Still when your wife came to our shop, and started claiming replacement my salesman agreed to change it inspite of knowing the fact that blouse piece was cut and falls-pico was done. (this is against the shop policy) Till then she didnot say that she has stitched the blouse also. When we asked for the blouse piece she disclosed this fact that its been already stitched. Then my salesman called me to handle the issue as it went out of his authority. When I came, I DID NOT SHOUT OR OFFEND HER IN ANY WAY for you information but tried to explain my position and she finally agreed that I was correct and she agreed to give it to us only for MENDING (THE PROOF IS THAT IT IS CLEARLY WRITTEN AT THE BACK OF THE MEMO). We took all the trouble and got it mended at our expense just to settle the issue and not go in any conflict and after more than 20 days now you refuse to take the delivery of saree and decide to create fresh claim of replacement. I do not understand why did you not react in these 20 days when we were working to mend it with your wife's consent. If you say we forced her then I am sorry to beleive becoz she is not a small baby who can be forced for anything.
Now, after so much you are asking for a refund of 1250/- which is very unreasonable.
Just to avoid further conflict and to finish of the issue going back on your demand of replacement I offer you to take another saree of the same value on returning to us the blouse piece as was delivered to you (as the saree is already with us) in 7 days time. This is the maximum we can do.
yours faithfully,
kavita samsukha
Proprietor
Indian Silk House Exclusives
From: [email protected]
To: [email protected]
Subject: FW: Defective Saree
Date: Tue, 20 Jul 12:02:52 0530
From: Saroj Satapathy [mailto: [email protected]]
Sent: Sunday, July 18 7:43 PM
To: [email protected]
Subject: Defective Saree
To,
The Proprietor,
Indian Silk House, 16-07
P-92, Lake Road,
Kolkata-700029.
Dear Madam,
Please refer to our discussion today when I had visited your showroom and you chose to speak over telephone. Our conversation of today rests on the earlier discussion my wife had with you on the defective saree purchase from your shop on 04/06 vide cash bill no 00348 amounting to Rs.14600/-. On her visit to your shop to point out the defect your people initially agreed to replace the saree but on your interference they backed out and volunteered to repair the same. In spite of the fact that my wife tried to reason out on replacing the saree you deliberately shouted at her, offended her in presence of one of her friends and other shoppers and gave the excuse that the blouse has been stitched and you can’t replace the saree now. It will not be out of place to mention that your sales men had insisted during purchase that they have double checked the saree for any defect and had given the blouse piece by cutting it in front of us and retaining the saree for stitching ‘fall’ and ‘pico’. While delivering the same you never pointed out the defect of the saree having a hole. My wife had to leave behind the saree and you have mentioned on the bill that it was kept for mending.
You will no doubt appreciate the fact that no one would like to buy a defective saree by paying their hard earned money. I was surprised the way you have handled the entire issue. When you have sold a defective saree to any buyer how can you convince the customer to mend/repair the same instead of replacing the same? We had purchased the saree with good faith and you have taken us for a ride by selling defective/second hand goods and charging new price.
Please arrange to return Rs.1250/- paid towards the saree. If I don’t receive the amount within next 7 days, I am free to proceed against your showroom in any forum available to us.
Yours faithfully,
Saroj Kanta Satapathy
Flat.no-82, Ellora Apartments,
2, Gariahat Road (South)
Kolkata-700068
Cell- 9830215995/9830324040
CC to: District Consumer forum. Please treat this as a complaint after 7days. Documents will follow.
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