Refund of the Token Amount of Rs 50, 000/- immediately.
Sir/Madam,
I the above named, have the reference to the above subject and want to bring to your notice as under-
1. That we had went to the Ornate Kitchen World, Malad Evershine Mall, Ornate Kitchen World store as we wanted to make some structural changes in our 1 room kitchen flat by converting the kitchen into bedroom and making an open kitchen in the hall and we met Mr. Pragnesh (store Manager).
2. That Mr. Pragnesh came to our Flat and took the measurements for making the design and drawing and we were called by him to see the design/drawing on Sunday i.e. 4th October. We saw the drawing and paid the necessary drawing fees of Rs 500/- on the spot and then we requested Mr. Pragnesh for a site visit for meeting with our contractor and plumber regarding the drainage lines of the sink and the Aqua guard line, but Mr. Pragnesh insisted that he will be requiring some token money to do the site visit.
3. That without hesitation I gave Mr. Pragnesh a cheque of Rs 50, 000/- of ICICI Bank, Goregaon West Branch, Dated 4th October bearing Cheque Number – 501938. While giving the cheque my husband, Mr. Sanjay R.P. Somvanshi clearly instructed Mr. Pragnesh not to deposit the cheque until and unless everything is finalized including the colour of the kitchen and the permission of the Society is seeked etc.
4. That Mr. Pragnesh assured us that unless everything is not finalized he will not deposit the cheque. Inspite of his weekly off on 5th October i.e. a Monday he gave us a time of meeting at 4.00 p.m. with our contractor/plumber.
5. That on Monday we went to our society secretary for necessary permissions but unfortunately we were denied permission. Immediately I called up Mr. Pragnesh and explained the entire scenario and informed him that the meeting is cancelled and we would not be continuing with the said work and also informed him that as today is your weekly off, my husband will collect the cheque on Tuesday i.e. 6th October. Mr. Pragnesh gave affirmation to all this.
6. That on 6th October I received a sms on my mobile stating that my account is debited of Rs 50000/-. Immediately on getting the sms I called up the Evershine Mall store and spoke to executive Mamta. On asking her that inspite of informing Mr. Pragnesh not to deposit the cheque, how come the cheque got debited, Ms. Mamta said that Pragnesh never instructed her to not deposit the cheque. The cheque was deposited intentionally to harass us.
7. That when spoke to Mr. Pragnesh, he told that this is happened by mistake and he will refund the said cheque at the earliest. After waiting for 1 week, when we again called up Mr. Pragnesh he denied everything and started saying that it is our Companies policy that we do not refund the token money and he insisted that we should approach our relatives and convince them to make modular kitchen from Ornate kitchen world so that our money will get adjusted. Are we supposed to do this as per their company policy?
8. When again spoke to Mr. Pragnesh, he assured that he will refund the money in 10 days. After waiting for 10 days we again called up Mr. Pragnesh and he again started giving us same answers i.e. it is our Companies policy that we do not refund the token money and he insisted that if any of our relatives make a kitchen from them our money will get adjusted. Is this your company’s policy??? Am I supposed to generate sales for your company by asking my relatives??? This attitude shows how desperate your company is.
9. After receiving such stupid and idiotic replies from Mr. Pragnesh I called up Mr. Tushar (Operations Head) several times and after hearing to the entire story he said that he will do a site visit at my place with Mr. Pragnesh to assure himself that we are not conducting the same work from a different company. Mr. Tushar then assured me that after the site visit he will refund the money back to us within 2 days.
10. Instead of calling Mr. Tushar several days/times he did not picked the call and whenever picked the call he used to give a standard answer that he is busy he will visit my Flat tomorrow.
11. On 3rd November Mr. Pragnesh called up and said that we will come for a site visit at 9.15 in the evening. After waiting for him till 9.30 when I called him for asking as to when is he coming, he said he is busy and going for a meeting and he will come tomorrow. He did not even had the courtesy to give me a call and tell this thing in advance.
12. On 4th November when I called up Tushar he said that he never committed me regarding the refund and he cannot refund the said amount.
13. I also had a word with Mr. Prajeet (CEO), he said that he would also require time till 12th November as his company’s Managing Director is out of station and he will be back by 12th November. I was surprised to know that even your company’s CEO do not have authority to decided on a Rs 50, 000/- amount.
14. That everytime I got an answer that it is your Company’s policy that you do not refund the order money. I never gave an order to your company, if you claim so, prove it by showing any document signed by me stating the same. I have also attached the receipt of payment made which no where states that I have placed an order and the said amount is not refundable.
15. That inspite of repeated reminders and follow up by us, they have failed to refund the amount of Rs. 50, 000/- till date.
16. In view of above, we have arrived at the conclusion that they were never interested in refunding the money. That with bad and malafide intentions, they have induced us to part with Rs.50, 000/- (Rupees Fifty Thousand Only), and thereby have committed an offence of cheating which is punishable under section 420 of the Indian Penal Code.
17. Hence we want them to return the sum of Rs. 50, 000/- along with an interest @ 24% p.a.(as the money is lying with them for more than a month now), immediately on receipt of this notice failing which we shall be constrained to initiate legal proceedings, civil as well as criminal, for recovery of our monies and other reliefs. Needless to add that the entire proceedings shall be at their sole risks as to costs and consequences, which please note.
Thanking You,
Yours truly,
Mrs. Sudha Sanjay Somvanshi
Encl: Scanned copy of the receipt of payment.
Cc: 1. Commissioner of Police,
2. Additional Commissioner of Police,
3. Department of Consumer Affairs
4. Mid Day
5. Mumbai Mirror
6. Ornate Kitchen World, Ornate Kitchenworld
Shop No.37/63, Evershine Mall, Link Road, Malad West.
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