That, I believed in your statements, representations and terms printed on the warranty card and purchased a colour television, bearing Model No 21FD70V, Unit Sr. No. 701NLK00189 on dated 04/06 and duly signed and sealed warranty card was issued by you through your dealer/ business partner. The relevant portion of warranty card is reproduced hereunder for your immediate perusal and action:-
S. No
Model
Warranty Period
Type of Warranty
3.
17"(39.8Cm) & Above
3 years
On site warranty is available only within municipal city limits of Delhi, Mumbai, Bangalore, Chennai & Kolkatta. Other locations shall have carry in warranty.
Here, it relevant to note that I am residing within the municipal limits of Delhi and you are legally bound to provide on site free services to me, up to 3 years from the date of purchase of Television, as per warranty card, which you have deliberately failed and neglected with malafide intentions and ulterior motives to have wrongful gains to you and irreparable losses to me.
1) That, after purchase, it is understood that the said television is defective piece and was never enjoyed by me with free mind and pleasure. The complaint was lodged earlier also on or about, in the month October I.e. just after 4 months from the date of purchase. After repeated requests and calls on your customer care, your service engineer visited and rectified the problem to some extent but the problem of visibility remains the same. The service engineer also whispered about the manufacturing defect being new model eneterd in to the market but refuted to my request to provide the same in writing with the arguments that he is not authorized by the company to submit any thing in writing. However, I have notified the same to the customer care but instead of the assurance and trained reply from customer care executives nothing has happened.
3. That, again, on dated December 02, the problem repeated and picture was not viewed completely, to which the complaint was lodged with the customer care, who assured to visit the engineer within 24 hours from the date of compliant. However, the complaint number as was provided by your service center is N8CC0208310 and sms was received by me as under:
"Dear Customer, your request id is N8CC0208310. For any further assistance please call our helpline 1800 180 9999 or 3901 0909 (24 hours-7days). Thank you."
That, after repeating the call on December 05, one engineer namely Mr Virendera Kumar visited my house on December 06 and without opening the television set asked for the copy of bill and warranty card, which was immediately provided on demand. The said service engineer, went back keeping the above documents in his pocket and assured to revert within next 24 hours, on the ground that he will verify the warranty despite of clear warranty conditions on the warranty card for 3 (three) years but regret to write that he never turned up.
After having no response again on 07th and 8 th of December, I personally contacted the customer care, who breifed on telephone that the warranty has been rejected by the company and advised to discuss with one Mr Sunil Kumar (Head-Service) for redressal.
That, I was shocked and surprised to hear arguments, and believed to be forged and cheated. However, to close the matter amicably, I contacted Mr Sunil Kumar, on his cell No. 98113 54749 on my own costs, who delivered nothing but further assured to look in to the matter and assured to revert next day, which never came till today.
That, you, are in moral as well under legal liability to provide the services as per warranty and/or to replace the television. It is surprised that after repeated requests, reminders and telephonic conversation between you and me, the same has not engaged attention of yours, the reason best known to you. You have acted illegally and unlawfully and against the trust conferred/ reposed upon you, knowingly fully that the above referred television is under warranty period, as copy of the warranty card is already taken by your engineer and you are trying to get unethical, illegal and immoral gains inducing not only to me but also the public at large.
You, are unconditionally liable to perform the services under warranty and/ or to replace the TV. That the aforesaid illegal act of yours have caused irreparable losses and injury to me apart from the mental harassment and you, are profiteering from such unfair trade practices, misuses and offences of cheating the innocent consumers of your product. Loss is also being occasioned to the public interest in as much as innocent customers, like me, are also being deceived by you, by misrepresenting the fact and rejecting the services after purchase deliberately, violating the material terms of warranty.
Please take note of the same with the remarks that, if within 02 (Two) days from today 20/12, you do not replace the television and/or provide the free services being under warranty, as also apologize for your aforementioned act, I will hand over the file to my counsel to initiate Criminal and Consumer proceedings against you, in the Competent Court and Jurisdiction and for compensation, cost of the case/s you shall be solely responsible and liable. I also reserves the right to file the complaint before MRTP Commission to prevent the public at large from inducing with your uncanny behavior, attitude and Unfair trade practices.
Hope, a wise counsel will prevail upon you and you would see the reason to act amicably to avoid the unnecessary hardship between us and have win-win situation.
Thanking you.
Regards,
Sanjeev Sharma
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