Contents of Legal Notice reproduced hereunder for your knowledge and intimation.
Dear All
I the undersigned is an professional Advocate. To overcome problem of power cut in my vicinity, I agreed to purchase Inverter of branded company.
After making inquiry for inverters of different companies, I opted for your machine and Battery for following reasons
a) your company’s name and market reputation.
b) service warranty for the maintenance
c) product warranty for replacement
d) optimum utilization of the machine & battery during its life time.
I purchased APC inverter along with Battery on 02.12.2007 from your Dealer M/s. System House Traders. Prior to entering into transaction, the aforesaid criteria was very much discussed with your dealer M/s. System House Traders and he assured for performance & service guarantee of the product.
From very beginning, there was problem with the Battery and most of the time, there was hangover of the system and I used to switch off the entire machine and thereafter restart it again. Therefore, I immediately called upon your dealer, who opined the same to be by reason of improper fitting and therefore sent some Engineer Mr. Naik who visited me for second time and resolve the problem.
There was acute power cut during June / July I was totally dependent upon the Inverter for operating my computer & other allied accessories required for my professional use. At the relevant time, I could use the inverter only for about one hour or so and there was not power back up for my work. I again called up your dealer and obtain your hotline number being 18004254272. I lodged telephonic complaint to you on the aforesaid telephone number. Subsequently One Engineer by name Mr. Aniket came from Om Sai Services on 30.07.2008 and identified himself to be authorized service Engineer for your company. At the relevant time, he did carried out some preliminary servicing work and the battery started working. While departing, he gave his personal mobile number & landline number of Om Sai Services and requested to contact directly in case of servicing, maintenance and any other problem.
After the aforesaid visit of said Mr. Aniket, I had telephonically called up the said Om Sai Services and the said Engineer for utilizing my machine & battery services. I say that my problem to the battery was not satisfactory resolved but as the problem of power shortage in my residential area was sorted out and there was minimum use of Inverter, I was not able to make out the actual time of Battery Back Up.
In the month of August due to acute power shortage, I was totally dependant on Inverter for operating my Laptap & other allied accessories required for my professional use. I could not perform my activities by virtue of less battery back up. I noted that the battery Back up lasted only for about 30 minutes after power cut. In order to get my problems resolved, I called up your office on your hotline number 18004254272, on or about 12.08.2009. After about 3 days i.e. on 17.08. One Mr. Aniket attended to the complaint from Om Sai Services and identified himself to be authorized Engineer from your company. After checking the Battery, he stated that One of Battery cell is not functioning and that same is not repairable and that Battery needs to be replaced. I showed him the purchase invoice and insisted for exchange the faulty Battery as same is under warranty. He completely neglected & ignored the purchase invoice and flatly stated that Battery under invoice is wrongly stated to be under 2 years warranty. No such warranty is given by company and infact, the warranty period of only 18 months.
I never expected such reply from Authorised Engineer of such a reputed company. I therefore asked for phone numbers of superior officers of company. He was not willing to give and stated that he has not direct contact with company and that Om Sai Services is only service contractor of the APC and has nothing to do with any issue relating to exchange.By great pain, I could get number of Mr. Sanjay Dubey (APC) and I spoke to him on his Mobile No. 9867988882, who assured to personally look into the matter and try to resolve the same.
I say that said Mr. Sanjay Dubey (APC) thereafter was least bother to call upon and to inquire into whether the problem was resolved on not, instead one Mr. Prashant called upon from Landline Number 40781909 and has long conversation with me. He stated that as per company’s record, there exists only two complaints for the Battery and that the company is not liable to exchange or replace battery for which periodic servicing / maintenance is not done from the company. I tried to convince him that periodic servicing / maintenance were being done by their authorized service contractor and therefore there is no question of same not being done and battery getting damaged by the same. Mr. Prashant thereafter had conference call with Ms. Aparna (Om Sai Services) and stated that there is no record of any periodic servicing or maintenance being done to the Battery and therefore the company will not entertain complaint for replacement / exchange.
I thereafter called upon Mr. Apurva Gandhi of M/s. System House Trader to get clarification on issue of warranty and demanded exchange of battery either from company or at his own cost. He expressed his inability to do so. He stated that he is a small dealer and he will not be in position to effort cost of new Battery and assured that he will speak to the company officials and try to convince them on the issue. Till date, I have not received any phone call from either any company official and / or Mr. Apurva Gandhi from System House Traders.
I say that you are trying to avoid exchange / replacement of battery under the guise of first warranty and when you could not avoid the same, now you have avoiding the same under pretext of non-utilization of periodic servicing / maintenance. I need to mention that you are corporate bodies and are under obligation to keep all records for periodic servicing / maintenance. It is highly improbable to hear from you that you maintain no records for periodic maintenance. Periodic servicing and maintenance was your obligation and you cannot get rid of the same. Further as per transaction, you are liable to replace / exchange the faulty battery under the warranty period and you cannot avoid the same under guise of mistaken warranty tenure and /or non-utlisation of periodic servicing / maintenance.
Being aggrieved by your act and attitude of making me run from post to pillar inspite of the fact that Battery is under warranty, I am constrained to issue this legal Notice to you calling upon you to kindly replace / exchange the faulty Battery as per the terms of Invoice within 15 days from date of this Legal Notice, failing which I shall be constrained to initiate appropriate legal proceedings against all of you including your Director and other administrative official liable for implementation of such unfair policies.
With regards
S/d.
Rajkumar R. Mishra
Advocate High Court
201, Arihant Apartment,
Next to Jain Mandir,
Mumbra Main Market Road,
Mumbra Dist Thane - 400 612.
Mobile: 98204 74421
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