NOTICE
By R.P.A.D.
To,
1. The Managing Director,
Computer Home Pvt. Ltd.,
Archana-Aboli, 850/8 AB,
Manas Lane,
Off Bhandarkar Road,
Pune – 411 004.
2 The Managing Director,
Acer India (Pvt.) Ltd.
No.205, Picaso Plaza,
Kondhawa Kh., Kondhawa Road,
Pune – 411 048.
Sirs,
Under the instructions of my client, Mr. Santosh Kumar, IT Director, Indira Group of Institutes Pune, having its office at S.No.85/5A, New Pune Mumbai Highway, Tathawade, Pune and being authorized by him in this behalf, I am addressing you this notice, the contents whereof you may please note.
1. My client states that, No.1 of you is the authorized dealer of Acer India (Pvt.) Ltd. While No.2 of you are the manufacturer of variety of range of electronic goods including LCD Projectors, etc..
2. My client is an Educational Institute running various management courses at the above address.
3. My client states that, in the year for the purpose of carrying out its educational activities, my client was in need of some projectors and therefore had placed a Purchase Order bearing No. IIMP/Comp/06/28 on 22/08 and Purchase Order bearing No. ISBS/Comp/06/13 dated on 22/08 with No.1 of you. Accordingly, under the said Purchase Order my client had intended to purchase
i) Acer Projector PD 723 3100 ANSI Lumens Qty. 5 Nos.
ii) Wireless Dongle Qty. 3 Nos.
iii) Ceiling Mount Kit including cables and fitting Qty. 3 Nos.
The said Purchase order was received by you on 23/08 and accordingly you had dispatched the aforesaid equipments bearings Sr. Nos.
1) SARATHYA CAMPUS - EYJ2961W05636000015710
2) ABHINAVAN CAMPUS - EYJ2901W05636000045710
3) ABHINAVAN CAMPUS - EYJ2901WO5636000025710
4) TAPASYA CAMPUS - EYJ2901WO5636000035710
5) TAPASYA CAMPUS - EYJ2901WO5636000055710
and on the same date an invoice for an amount of Rs.7, 70, 401/- was raised by you favouring my client.
4. My client states that my client during the period 19/10 to 31/10 made the payment of entire amount under the said invoice to No.1 of you
5. My client states that all the said equipments are under the warranty for a period of 3 years from the date of purchase thereof.
6. My client states that after purchase of the said projectors my client has till today been hardly able to use the said projectors as the following projectors have developed serious problems in their functioning and the same are specifically described below.
Sr. No. Date LCD Model Name Serial No. Problem
1 11/05 PD726 Projector EYJ2901W05636 000035710 Project Powers off after sometime
2 11/07 PD726 Projector EYJ2901W05636
000035710
No Display
3 24/08 PD726 Projector EYJ2901W05636
000055710 Project powers off after sometime.
4 17/10 PD726 Projector EYJ2901W05636
000055710 Project Powers off after sometime
7. My client states that, on several occasions, when my client tried to demonstrate certain films/files to its students/committee members, through the projector bearing No.%%%%%__, it automatically stopped functioning as a result of which my client was left with no alternative but to postpone its demonstrations.
8. My client states that from time to time my client had brought to your notice the aforesaid problems and had asked to get the same repaired or replaced and accordingly the said machines were sent to you on 11/05/07, 11/07/07, 24/08/07 and 17/10/07.
9. My client states that, despite of the assurance given by you every time that, the said machines will function properly, there seems to be no improvements in the functioning of the said machines. In fact, on the contrary, the said machines have now become totally useless as most of the times, the said machines completely out of order.
10.My client states that, when my client tried to contact you for informing you about the malfunctioning of the aforesaid machines and asking him to replace the said projectors for the same being within the warranty period, you have tried to shed your responsibility by stating that, the said since the said machines not functioning properly they are required to be replaced and that, No.2 of you only can give you the replacement and that, now No.1 of you do not is not supposed to do anything with the said machines.
11.My client states that, my client was greatly surprised by your said casual approach. However, still my client persistently tried to convince No.1 of you about the malfunctioning of the said machines and complain about the hardships faced by you, however you gave no response to the same nor took cognizance of the said complaint of my client. In fact, you have asked my client to get the same repaired from Bangalore directly.
12. My client states that, my client has carried out a series of correspondence regarding the subject matter with all of No.1 of you and also there are exchange of various correspondence between No.1 of you and my client, however the same has no results to my client.
13. My client states that, No.1 of you were under the legal obligation to repair the said LCD projectors of my client with utmost care and sincerity and to the satisfaction of my client, however, by your act of flatly refusing to carry out any repairs and asking my client to directly get the said machines repaired from Bangalore you have showed a casual approach towards responsibilities of repairing and/or replacing the said machines and deficiency in rendering the services to my client who happens to be your consumer.
14. In the light of the abovementioned facts and circumstances, my client hereby asks you to replace the said machines with a new one failing which you shall be required to compensate my client with Rs.25, 00, 000/- towards the loss and hardships caused to my client and Rs.10, 00, 000/- for the loss of reputation of my client and Rs.15, 00, 000/- towards mental agony caused to my client due to the non-functioning of the said machines.
15. My client states that, my client has further instructed to call upon you that, in case of your failure to replace the said machines with the new ones or pay the amounts as mentioned above towards loss and hardships and for the loss of reputation of my client and towards mental agony caused to my client, my client will be constrained to initiate file necessary complaint before the State Consumer Forum against you, entirely on your own risk, as to the cost and consequences of the same, including the cost of this notice, Rs.5, 000/- which you may please note.
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