From:
Monojit Roy
Advocate
Arabinda Pally P.O. Rabindra Sarani
Siliguri — 734006 District Darjeeling
Ph no. 9933056687, 9734933736
E-mail: [email protected]
To,
Nokia India Pvt. Ltd.
5th Floor, Tower A&B,
Cybergreen, DLF Cyber City
Sector 25A, Gurgaon,
Haryana –122002.
India
Nokia India Pvt Ltd
DN-62, Millenium City,
Tower-B, Sector-5,
Salt Lake City
Kolkata-700091
Dear Sir,
My Client: SRI ABHIJIT ROY, son of Sri Arun Kumar Roy, Hindu by faith, resident of Arabinda Pally P.O. Rabindra Sarani Siliguri — 734006, district of Darjeeling, within the state of West Bengal in India.
Upon instructions of and on behalf of my client above mentioned I would like to bring to your notice and appraisal the following facts and circumstances as enumerated below:
1. That my client had purchased a Nokia handset of description Nokia 3120c bearing IMEI no. 353101025970053 from “The Mobile Store Limited.”, having store code no. 1546 addressed at Panitanki More, Ground Floor, Sevoke Road, P.O. & P.S. Siliguri, within the district of Darjeeling on 4-10 vide invoice no. WB/01546/00001/7479 for consideration amount of Rs. 6, 689.00/- (Rupees six thousand six hundred eighty nine) only including Value Added Tax of Rs. 257.27/-, i.e. Value Added Tax @ 4% of the price rate of said described handset of Rs. 6, 431.73/-.
2. That only after three months since the purchase of the said handset my client came across certain fault, imperfection and shortcoming in the quality, potency, purity and standard of the said handset as is claimed by the trader in relation to the said handset.
3. That having met with such disappointed inference, my client as a potential user of the said handset approached “The Mobile Store Limited” from where he purchased the said handset as mentioned above in anticipation of some solution of the defects encountered by him in relation to the said handset.
4. That on being apprised of the defects faced by my client while using the handset, “The Mobile Store Limited” referred “Nokia Care Centre”, the authorized service centre of Nokia, as the only place where the solution can be meted out.
5. That thereafter on 27-1 my client went to the “Nokia Care Centre” addressed at THE PLANET 670, Rishi Arobindo Road, Hakimpara, Siliguri within the district of Darjeeling with the said handset and apprised the ASC engineer of the defects encountered by him while using the same.
6. That the ASC engineer identified the defects as “Sometime Blank Display, Hang and Charge not stay” and scripting the same on the Service Job Sheet being no. 65 took the handset for its repair.
7. That on 28-01 the handset was delivered to my client by the said “Nokia Care Centre” addressed at THE PLANET 670, Rishi Arobindo Road, Hakimpara, Siliguri within the district of Darjeeling with no such defects complained of.
8. That however on 3-2 the defect of Blank Display again cropped up in the said handset and on the same day it was again taken to the “Nokia Care Centre” addressed at THE PLANET 670, Rishi Arobindo Road, Hakimpara, Siliguri within the district of Darjeeling and the same was voiced to the concerned engineer of the centre.
9. That being apprised of the defect the centre proposed to sent it to Kolkata to get rid of the defect and on the following day i.e. on 4-2 my client was intimated over telephone that the same would be sent to Kolkata and my client could collect it from the centre only after expiry of 2 to 3 weeks from that day.
10. That thereafter on 18-2 my client took delivery of the said handset from the centre at 2 PM in the desired condition but to his utter astonishment the same defect again cropped up at 5 PM on the same day i.e. after expiry of 3 hours from the time of delivery of the said handset by the centre to my client and immediately, it was again taken to the centre by my client and on enquiry by my client they divulged that in Kolkata the LCD of the handset was changed to get rid of the defect complained of and since the defect again cropped up they decided to keep the handset with them for 1 day for observation.
11. That on 19-2 my client again went to the “Nokia Care Centre” addressed at THE PLANET 670, Rishi Arobindo Road, Hakimpara, Siliguri within the district of Darjeeling and on enquiry about the status of the handset the concerned engineer could not deliver the handset to my client in the desired working condition as the defect of Blank Display prevailed and they again decided to send it to Kolkata and furnished a new Service Job Sheet being no. 376343506/090219/14.
12. That at this point when my client harped over the harassment caused to him out of the whole incident and opted for replacement of the said handset with a fresh one of the same description the concerned engineer misbehaved with my client hurling abuses at him in presence of other customers and reiterated on the point that the same is not within their scope to make the defect right and they will sent it to Kolkata tomorrow.
13. That on 20-2 on enquiry over telephone to the centre about the handset my client was intimated by rude and impolite voice that it has been sent to Kolkata and my client was threatened not to disturb them anymore failing which they will not bother to take his case into consideration.
14. That on comprehensive appraisal of the entire facts and circumstances it comes to notice that the handset in all circumstances suffered and will suffer from certain serious defects which is not curable.
15. That till this day my client has not been provided with a fresh handset of the same description which divulges the utter indifference, irresponsibility, sorry lack of infrastructure and departure from normal standards of consumer kindness of a company which canvass itself as the best service provider in the whole world with respect to handsets and the same highlight unfair trade practice on your part.
16. That my client is a computer hardware engineer and receives calls from several places for rendering hardware services in many important educational and commercial institutions but with his handset not being in working condition he has to and still has to forgo several important calls and out of such inconvenience he has incurred a huge financial loss.
17. That the whole incident has left my client absolutely disgruntled, anguished, disappointed, frustrated and mentally pained.
18. That there has been serious fault, imperfection, shortcoming and inadequacy in the quality, nature and manner of performance which is required to be maintained in pursuance of the terms and conditions set forth by the “Nokia Care Centre” to my client and the same entails serious legal consequences on your part.
In the background of the aforementioned facts and circumstances, I have been instructed by my client to call upon you to replace the said handset with a new one of similar description which shall be free from any defects within 24 hours of the receipt of this notice failing which my client shall be constrained to initiate against you for redressal of his grievances such proceedings civil and criminal as are warranted by law exclusively at your own peril, cost, responsibility and consequences without any further references to you.
Thanking you,
Yours faithfully
Monojit Roy
Advocate
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