We have booked our car at Mukesh Hyundai after they gave us a written confirmation that the price will stay fixed till delivery. This was during the limited period December Offer (Free Insurance, et al.) of Hyundai that was valid till 21.12.10. Much after the offer was over (so that we could not go to any other dealer & get those benefits), they suddenly informed that they cannot provide us the car at that price & we have to pay extra or else, they will cancel our booking & refund us our money. Since it was not possible to pay so much extra, we requested them refund. Earlier, they had taken a written confirmation from us that we will pay Rs. 25000 fine if we cancel the booking & hence, this fine was naturally applicable to them also. But, they never paid us the fine, nor the losses that we suffered due to their false written commitments. On top of it, they did not care to refund us our money in time, in spite of innumerable requests through email & telephone. Kindly go through the detailed evidence (attached below) of the incredible harassment that they made us go through & help us get justice.
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
Email - debarun.[protected]@gmail.com
Cell - (+91) [protected]
--Emails--
Legal Notice
debarun dutta <debarun.[protected]@gmail.com>
debarun dutta <debarun.[protected]@gmail.com> Wed, Feb 9, 2011 at 12:28 PM
To: [protected]@karini.in
Cc: [protected]@karini.in, Mukesh Kolkata <[protected]@karini.in>, mukesh.[protected]@karini.co.in,
[protected]@karini.com, debarun dutta <[protected]@yahoo.com>, debarun.[protected]@gmail.com
Dear Sir,
In spite of our innumerable calls & emails to you (refer below) for paying us our dues,
you have not paid the same and not even cared to reply to us. We do hereby give you this final
legal Notice of paying us our due compensations (as detailed in below emails) within
13.02.2011, failing which, we will be forced to move to Consumer’s Forum in order to make
you pay us our dues as well as for all these harassment. We will also ensure (through all
possible media) that your image is aptly tarnished so that you do not get to dupe any other
innocent customer like this in the future.
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
On Mon, Feb 7, 2011 at 3:23 PM, debarun dutta <debarun.[protected]@gmail.com> wrote:
REPLY PLEASE........
On Fri, Feb 4, 2011 at 2:27 PM, debarun dutta <debarun.[protected]@gmail.com> wrote:
Dear Sir,
Please refer our innumerable phone calls & emails (given below) to you (Mukesh
Hyundai). Inspite of our repeated requests, you did not care to pay us our dues in time & also
never ever cared to pay us for the losses that we suffered owing to your false commitments.
You were inhuman enough to torture us (both physically & mentally - as absolutely evident
from the emails below) for so long solely due to the reason that we, as a customer, trusted you
to be a Human being with Humanely feelings. You never ever cared to say sorry or even ever
reply to our innumerable emails. At the time when we were in need of our own money (that you had
illegally kept confined at your end for many weeks after you yourself cancelled the booking),
you were also inhuman enough to not answer our innumerable anxious calls intentionally.
You can never compensate us for the irreversible health damages [you have caused the
following to all o[censored]s - complete losses of peace of mind, sleepless nights, tremendous anxieties,
extreme mental pains, associated irreversible physical as well as mental health degradations, et
al., by not keeping your commitment which cannot be compensated in terms of money] but you must
compensate us for the financial damages done by you & your false commitments - Rs.
(5000+3000+1500+that booking cancellation amount) [as detailed in my below email to you
dated 31.12.2010 & timed 1:33 pm - refer below]. We have waited the last 1 month for you to
respond but all in vain. We cannot give you any further time & hence once again earnestly request
you to please pay us the money immediately. Hoping for the last time for your sincere &
humanely action for paying us immediately.
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
On Tue, Jan 4, 2011 at 2:22 PM, debarun dutta <debarun.[protected]@gmail.com> wrote:
To,
Mr. Nitin Himatsingka,
Mukesh Hyundai.
Respected Sir,
We had a notion that Mukesh Hyundai is the best dealer in Kolkata but, the following
Gmail - Legal Notice Page 1 of 8
https://mail.google.com/mail/?ui=2&ik=80cd125ea0&view=pt&search=sent...⇄ 2/16/2011
state of things seem to prove us wrong. Sir we had booked an i10 Asta on 20.12.10 at your
showroom & they (Kalyan, et al. of Mukesh Hyundai) have given us a written confirmation of price
protection alongwith the terms that whoever cancels the booking will pay the other party Rs. 25000
extra (refer all the emails below, ). We have not cancelled the booking but your person
has cancelled our booking on 29.12.10 (see emails below) but is not returning our money even after
innumerable emails & hundreds of phone calls. This is inhuman mental torture from your side
to us for no fault o[censored]s. Maybe our fault was only to trust your commitments & promises. I
am also forced to say that your persons lack the basic humanity essential for people to be
called human beings, as is quite evident from their inactions / irresponses even after these
many emails & phone calls. Please refund us Rs.[protected]+5000+3000+1500) + that
booking cancellation amount [as detailed in my below email to you dated 31.12.2010 &
timed 1:33 pm, also given just below for your easy reference] on an urgent basis, You may
send our money through any of the suitable modes as detailed in our below email
dated 31.12.2010 & timed 1:33 pm. We once again lament the fact that we are now unable to
be provided with our car from Mukesh Hyundai who is the Awarded Best Hyundai Dealer but
yes we look forward to successful deals & relationship with Mukesh Hyundai in the near
future provided Mukesh Hyundai lives upto its reputation. Earnestly expecting your kind
action,
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
Enclo. : Email dated 31.12.2010 & timed 1:33 pm (for your easy reference), followed by all
emails -
On Fri, Dec 31, 2010 at 1:33 PM, debarun dutta <debarun.[protected]@gmail.com> wrote:
Respected Sir,
Please refer to the innumerous emails (given below) & our countless phone calls to
you. You have promised (through email) that you will give us our chosen car at the same price
but now, on 29.12.2010 you are confirming that you cannot keep your promise & that you want to
cancel our booking. Please note that, you have taken in writing from us that if we cancel the
booking, we will pay you Rs. 25000 extra & now, since it is you who is cancelling the booking,
hence it automatically implies that you will pay us that amount extra. Apart from this, we have
incurred the following losses solely due to you -
1. Rs. 5000 [Our old car was given a value of Rs. 40000 (you had confirmed through email that
you will give us this value if we give you our car on or before 31.12.10) by you & by another
Hyundai dealer on 20.12.10. But, now, your unkept commitment has forced us to go to the other
dealer for buying our car who has given us the same car's value as Rs. 5000 less on the logical
ground that our car will become 1 extra year old within 2 days & hence the value will degrade by
Rs. 5000. Please note that if you had confirmed me your incapability to keep your commitment at
the time of booking on 20.12.10, this same dealer would have given us Rs. 40000 & we would
not have suffered this loss of Rs. 5000.]
2. Rs. 3000 [We have negotiated & struck the deal with you in writing that you would provide us
free Anti-Rust Coating. Since you are not keeping your commitment, we are forced to take our
new car from the other dealer who is charging us Rs. 3000 for the Anti-Rust Coating. Please note
that if you had confirmed me your incapability to keep your commitment at the time of booking on
20.12.10, we could have negotiated with this dealer also to give that free or we could have got
the same with some other dealers also since 11 days time & hence multiple options (that are not
available now due to the lack of time) were available at that time.]
3. Rs. 1500 [Transportation expenses, incurred by us, that you have wasted by not keeping your
commitment.
4. The irreversible health damages [Over the last few days you have caused the following to all of
us - complete losses of peace of mind, sleepless nights, tremendous anxieties, extreme mental
pains, associated irreversible physical as well as mental health degradations, et al., by not
keeping your commitment. These cannot be compensated in terms of money.]
Hoping for your kind & humanly understanding of the above and earnestly
requesting you to please refund us Rs.[protected]+5000+3000+1500) + that booking
cancellation amount on an urgent basis, since, my credit card bill (through which the booking
amount of Rs. 40000 was paid to you on 20.12.10) has arrived & if the money is not paid
Gmail - Legal Notice Page 2 of 8
https://mail.google.com/mail/?ui=2&ik=80cd125ea0&view=pt&search=sent...⇄ 2/16/2011
within two days, the credit card company will charge a very high interest & fine, and then,
you will have to pay for those charges as well. You may send our money through your person
directly to our home address (that you already have) or you may send our money directly online
to our bank account having the following details - Savings Account No. [protected] of Debarun
Dutta at State Bank of Hyderabad, IOC Ex. Branch, New Delhi, IFS Code SBHY0020511. We
lament the fact that we are now not provided with our car from Mukesh Hyundai who is the
Awarded Best Hyundai Dealer but yes we look forward to successful deals & relationship with
Mukesh Hyundai in the near future. Earnestly expecting your kind action,
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
On Mon, Jan 3, 2011 at 6:00 PM, debarun dutta <debarun.[protected]@gmail.com> wrote:
Respected Sir,
Praying with folded hands for your kind & humane understanding of our
below email (sent to you on 31.12.2010 at 1:33 pm) and earnestly requesting you to
please refund us Rs.[protected]+5000+3000+1500) + that booking cancellation
amount [as detailed in my below email to you dated 31.12.2010 & timed 1:33 pm] on
an urgent basis, since, if the money is not paid urgently, the credit card company
will charge a very high interest & fine, and then, you will have to pay for those
charges as well. You may send our money through any of the suitable modes as detailed
in our below email dated 31.12.2010 & timed 1:33 pm. We once again lament the fact
that we are now unable to be provided with our car from Mukesh Hyundai who is the
Awarded Best Hyundai Dealer but yes we look forward to successful deals &
relationship with Mukesh Hyundai in the near future. Earnestly expecting your kind
action,
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
On Mon, Jan 3, 2011 at 3:49 PM, debarun dutta <debarun.[protected]@gmail.com> wrote:
Respected Sir,
Praying with folded hands for your kind & humane understanding of our
below email (sent to you on 31.12.2010 at 1:33 pm) and earnestly requesting you to
please refund us Rs.[protected]+5000+3000+1500) + that booking cancellation
amount [as detailed in my below email to you dated 31.12.2010 & timed 1:33 pm]
on an urgent basis, since, if the money is not paid urgently, the credit card
company will charge a very high interest & fine, and then, you will have to pay for
those charges as well. You may send our money through any of the suitable modes as
detailed in our below email dated 31.12.2010 & timed 1:33 pm. We once again lament
the fact that we are now unable to be provided with our car from Mukesh
Hyundai who is the Awarded Best Hyundai Dealer but yes we look forward to
successful deals & relationship with Mukesh Hyundai in the near future. Earnestly
expecting your kind action,
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
On Mon, Jan 3, 2011 at 1:21 PM, debarun dutta <debarun.[protected]@gmail.com> wrote:
Respected Sir,
Praying with folded hands for your kind & humane understanding of our
below email (sent to you on 31.12.2010 at 1:33 pm) and earnestly requesting you to
please refund us Rs.[protected]+5000+3000+1500) + that booking
cancellation amount [as detailed in my below email to you dated 31.12.2010 &
timed 1:33 pm] on an urgent basis, since, if the money is not paid urgently, the
credit card company will charge a very high interest & fine, and then, you
will have to pay for those charges as well. You may send our money through any
of the suitable modes as detailed in our below email dated 31.12.2010 & timed 1:33
pm. We once again lament the fact that we are now unable to be provided with
our car from Mukesh Hyundai who is the Awarded Best Hyundai Dealer but yes
we look forward to successful deals & relationship with Mukesh Hyundai in the
Gmail - Legal Notice Page 3 of 8
https://mail.google.com/mail/?ui=2&ik=80cd125ea0&view=pt&search=sent...⇄ 2/16/2011
near future. Earnestly expecting your kind action,
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
On Mon, Jan 3, 2011 at 10:41 AM, debarun dutta <debarun.[protected]@gmail.com> wrote:
Respected Sir,
Praying with folded hands for your kind & humane understanding of our
below email (sent to you on 31.12.2010 at 1:33 pm) and earnestly requesting you to
please refund us Rs.[protected]+5000+3000+1500) + that booking
cancellation amount [as detailed in my below email to you dated 31.12.2010 &
timed 1:33 pm] on an urgent basis, since, if the money is not paid urgently, the
credit card company will charge a very high interest & fine, and then, you
will have to pay for those charges as well. You may send our money through any
of the suitable modes as detailed in our below email dated 31.12.2010 & timed 1:33
pm. We once again lament the fact that we are now unable to be provided with
our car from Mukesh Hyundai who is the Awarded Best Hyundai Dealer but yes
we look forward to successful deals & relationship with Mukesh Hyundai in the
near future. Earnestly expecting your kind action,
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
[protected] Attached Emails[protected]
From: debarun dutta <debarun.[protected]@gmail.com>
Date: Fri, Dec 31, 2010 at 5:42 PM
Subject: Praying for Your Urgent Action
To: Mukesh Kolkata <[protected]@karini.in>, mukesh.[protected]@karini.co.in,
[protected]@karini.in
Respected Sir,
Praying for your kind & humane understanding of our below email
and earnestly requesting you to please refund us the below mentioned amount
on an urgent basis, since, our credit card bill has arrived & if the money is not
paid within two days, the credit card company will charge a very high interest
& fine, and then, you will have to pay for those charges as well. You may send
our money through any of the suitable modes as detailed in our below email. We
once again lament the fact that we are now unable to be provided with our car
from Mukesh Hyundai who is the Awarded Best Hyundai Dealer but yes we
look forward to successful deals & relationship with Mukesh Hyundai in the
near future. Earnestly expecting your kind action,
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
On Fri, Dec 31, 2010 at 1:33 PM, debarun dutta <debarun.[protected]@gmail.com> wrote:
Respected Sir,
Please refer to the innumerous emails (given below) & our countless
phone calls to you. You have promised (through email) that you will give us our
chosen car at the same price but now, on 29.12.2010 you are confirming that you
cannot keep your promise & that you want to cancel our booking. Please note
that, you have taken in writing from us that if we cancel the booking, we will pay
you Rs. 25000 extra & now, since it is you who is cancelling the booking, hence it
automatically implies that you will pay us that amount extra. Apart from this, we
have incurred the following losses solely due to you -
1. Rs. 5000 [Our old car was given a value of Rs. 40000 (you had confirmed
through email that you will give us this value if we give you our car on or before
31.12.10) by you & by another Hyundai dealer on 20.12.10. But, now, your unkept
Gmail - Legal Notice Page 4 of 8
https://mail.google.com/mail/?ui=2&ik=80cd125ea0&view=pt&search=sent...⇄ 2/16/2011
commitment has forced us to go to the other dealer for buying our car who has
given us the same car's value as Rs. 5000 less on the logical ground that our car
will become 1 extra year old within 2 days & hence the value will degrade by Rs.
5000. Please note that if you had confirmed me your incapability to keep your
commitment at the time of booking on 20.12.10, this same dealer would have
given us Rs. 40000 & we would not have suffered this loss of Rs. 5000.]
2. Rs. 3000 [We have negotiated & struck the deal with you in writing that you
would provide us free Anti-Rust Coating. Since you are not keeping your
commitment, we are forced to take our new car from the other dealer who is
charging us Rs. 3000 for the Anti-Rust Coating. Please note that if
you had confirmed me your incapability to keep your commitment at the time of
booking on 20.12.10, we could have negotiated with this dealer also to give that
free or we could have got the same with some other dealers also since 11 days
time & hence multiple options (that are not available now due to the lack of
time) were available at that time.]
3. Rs. 1500 [Transportation expenses, incurred by us, that you have wasted by not
keeping your commitment.
4. The irreversible health damages [Over the last few days you have caused the
following to all o[censored]s - complete losses of peace of mind, sleepless
nights, tremendous anxieties, extreme mental pains, associated irreversible
physical as well as mental health degradations, et al., by not keeping your
commitment. These cannot be compensated in terms of money.]
Hoping for your kind & humanly understanding of the above
and earnestly requesting you to please refund us Rs.
[protected]+5000+3000+1500) + that booking cancellation amount on an
urgent basis, since, my credit card bill (through which the booking amount of Rs.
40000 was paid to you on 20.12.10) has arrived & if the money is not paid
within two days, the credit card company will charge a very high interest &
fine, and then, you will have to pay for those charges as well. You may send
our money through your person directly to our home address (that you already
have) or you may send our money directly online to our bank account having the
following details - Savings Account No. [protected] of Debarun Dutta at State
Bank of Hyderabad, IOC Ex. Branch, New Delhi, IFS Code SBHY0020511. We
lament the fact that we are now not provided with our car from Mukesh
Hyundai who is the Awarded Best Hyundai Dealer but yes we look forward to
successful deals & relationship with Mukesh Hyundai in the near future. Earnestly
expecting your kind action,
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
[protected] Attached Emails[protected]
From: Mukesh Kolkata <[protected]@karini.in>
Date: Wed, Dec 29, 2010 at 8:09 PM
Subject: REFUND
To: debarun dutta <debarun.[protected]@gmail.com>
Cc: rohit kheria <[protected]@karini.in>
Dear sir,
We are very sorry to say that we can't provide you i-10 asta
m/t(blushing red) as our quoted price due to unavailavilty in HMIL.
We request you to take your refund without any deduction
thank
kalyan
Gmail - Legal Notice Page 5 of 8
https://mail.google.com/mail/?ui=2&ik=80cd125ea0&view=pt&search=sent...⇄ 2/16/2011
--
MUKESH HYUNDAI
P.P 101, NAZRUL ISLAM AVENUE
KRISHNAPUR
KOLKATA - 700 059
PH.[protected],FAX.[protected]
[protected]--
From: debarun dutta <debarun.[protected]@gmail.com>
Date: Mon, Dec 20, 2010 at 7:42 PM
Subject: Re: Please Confirm
To: Mukesh Kolkata [protected]@karini.in
To,
Mr. Kalyan,
Mukesh Hyundai,
Kolkata.
Dear Sir,
Thank You for your kind confirmations.
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
On Mon, Dec 20, 2010 at 6:21 PM, Mukesh Kolkata <[protected]@karini.in>
wrote:
DEAR SIR,
we have recieved & accepted your mail dated 20 dec 2010 . Regarding your
points please note the points mentioned below:
1 ) We will try our level best to deliver your car by 14/0 1 /2011 . Further note
that in case of any unforseen circumstances it may get delayed by 2-3 days.
2) Our quoted value 5,604,09 will remain FIXED TILL DELIVERY
3 )registration is for 15 years,road tax is for 5 years
4)please handover your car within 31/12/2010 tp get the qouted value
5)kindly clear your all payments,so that we can send your car for registration at
the earliest and we will also let you know as soon as it done
thank you
kalyan
On Mon, Dec 20, 2010 at 2:18 PM, debarun dutta <debarun.[protected]@gmail.com>
wrote:
To,
Mr. Kalyan,
Mukesh Hyundai,
Kolkata.
Dear Sir,
With reference to your quotation, your email (given below) & your
confirmations over telephone, we hereby confirm that we will not cancel the
booking of the brand New Next Gen i10 Asta (1.2L Kappa2 VTVT with Manual
Transmission) of Blushing Red Colour only if all the following 8 conditions are
fully fulfilled -
1. You will deliver us before 14.01.2011 the brand New Next Gen i10 Asta
(1.2L Kappa2 VTVT with Manual Transmission) of Blushing Red Colour at
your quoted all inclusive (including lifetime registration, road tax, insurance &
all other charges) on-road price of Rs. 560409,
2. Your quoted all inclusive on-road price of Rs. 560409 will remain firm &
fixed till you deliver the new car to us,
Gmail - Legal Notice Page 6 of 8
https://mail.google.com/mail/?ui=2&ik=80cd125ea0&view=pt&search=sent...⇄ 2/16/2011
3. We will book the car by paying you Rs. 40000 today, you will be paid Rs.
460000 from bank (who is going to issue the car loan), and, we will deliver you
our old car (of value Rs. 55000 - as confirmed by you) & pay you the
remaining amount of Rs. 5409 on the delivery date of the new car,
4. The value of our old car (in exchange) will remain Rs. 55000 firm & fixed,
5. At free of cost, you will provide the new car with comprehensive insurance
of Iffco-Tokio that will cashlessly cover (@100% of the car's full price)
the complete car with no exclusions / depreciations,
6. At free of cost, you will provide (i) Anti-Rust Coatings, (ii) Anti-Scratch
Teflon Coatings / Teflon Surface Protector, (iii) Floor Mats, (iv) Mud Flaps /
Guards & (v) Air-Freshener along with the new car,
7. The new car that will be delivered to us will be a brand new one without any
single defect / scratch / damage, and,
8. The new car will have all the standard accessories and add-ons as per the
above & as per your verbal confirmations already given to us.
If we cancel the booking due to unfulfillment of any of the
above, then there will be no deduction & the full booking amount will
be refunded to us by you. But, if we cancel the booking even if all the above
conditions are fully fulfilled, then, you may deduct Rs. 25000 from our booking
amount before refunding the remaining to us.
Please confirm your acceptance of all of the above.
Yours Sincerely,
Deb Kumar Dutta & Debarun Dutta.
[protected]--
From: Mukesh Kolkata <[protected]@karini.in>
Date: Fri, Dec 17, 2010 at 6:29 PM
Subject: Re: Please Confirm
To: debarun dutta <debarun.[protected]@gmail.com>
Dear sir
please see the attachment alongwith&
old car value 40,000+15,000 exchage bonus
cashless insurance cover
On Fri, Dec 17, 2010 at 3:18 PM, debarun dutta <debarun.[protected]@gmail.com>
wrote:
Dear Sir,
Please reply with your kind confirmations to the 5 points (as per my
earlier email - given below) as soon as possible, so as to enable fast
booking of the car.
Yours Sincerely,
Debarun Dutta.
On Fri, Dec 17, 2010 at 12:15 PM, debarun dutta
<debarun.[protected]@gmail.com> wrote:
To,
Mr. Kalyan,
Mukesh Hyundai,
Kolkata.
Dear Sir,
With reference to our discussions with you regarding the buying of
new Next Gen i10 Asta (Manual Transmission) of Blushing Red
Colour, please provide the following 5 confirmations -
Gmail - Legal Notice Page 7 of 8
https://mail.google.com/mail/?ui=2&ik=80cd125ea0&view=pt&search=sent...⇄ 2/16/2011
1. Please send me a colour scan of your quotation for this in the name of
my father Mr. Deb Kumar Dutta, in whose name the car will be bought.
2. You have already confirmed that you will provide Anti-Rust Coatings,
Anti-Scratch Teflon Coatings, Mats, Flaps & Air-Freshener free of
cost. We earnestly request you to please also provide Car Cover free of
cost.
3. Please confirm that if we book the car within 21.12.2010, the free
insurance, the exchange bonus of Rs. 15000 as well as your quoted
price will remain valid till we give you the final payment at the time of
your delivery of our new car.
4. Please confirm that the insurance that you will provide (Iffco-Tokio) will
cashlessly cover (@100% of the car's full price) the complete car with no
exclusions / depreciations.
5. We earnestly request you to please provide not much but little discount
on your quoted price, which would be of immense help to us.
Earnestly awaiting your kind confirmations,
Yours Sincerely,
Debarun Dutta.
Gmail - Legal Notice Page 8 of 8
https://mail.google.com/mail/?ui=2&ik=80cd125ea0&view=pt&search=sent...⇄ 2/16/2011
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