[Resolved]  Shopping. Indiatimes.com — not refunding /substituting against supplied inadequate product

Address:

Lucknow, Uttar Pradesh

The above mentioned order for unbranded Mobile e-phone(no manufacturer mentioned) was executed thru ,their agent and my credit card on 21.4.10 in response to their advt carrying their name in Times of India.This is a susidiary company of Times of India Group.This was received on 29.4.10 as far as I remember. The phone has been claimed to be wap/gprs eanbled but it was not able to open my email account site even after repeated attempts,and cleaning of cache,cookies,photos etc(although it should not matter) and the error is always 'not sufficient memory'. The phone has too less internal memory..
Their advts or the details pert to the products in the paper or at their site even, ARE NOT COMPREHENSIVE ENOUGH to include important chacteristecs such as name of manufacturer, internal memory of the phone etc , which are normally sufficient in such type of phones to open your email accounts etc.
The agent at the time of ordering could not even tell me the brand/manufacturer of the product,what to say of other features.The goodwill of TIO brand ensures the buyer about any such apprehensions in this regard but it appears that it was so in this case.

I contacted their Cust care on 30th April.The cust care gave me the phone no and the NAME OF INCHARGE OF THE SELLER AS[protected] AND ARVIND JAIN.I talked to Mr Jain and asked him for refund as THE PHONE lacks basic PROBLEM of internal memory which can not be cured or rectified and other problems also.There were other issues of sensitivity of touch-screen ,battery time of 30 minutes,electric shock during charging of battery etc. He informed me that I may use it for 7-10 days to be sure about the problem and then,if not satisfied . advised me to talk to them as they have taken the order.
The company can verify that the phone can not perform the basic function of a wap/gprs enabled phone ie to open a an email site like gmail etc due to extremely small internal memory.The advt or their site doesnot give important features of the phone except general ones-one has only the assurance of goodwill of their name ie Times Of India.
.
I contacted their cust care at least 5 times at my cost and wrote to them on their email.I must have incurred at least Rs200 and 10 hours in contacting them.
They are ready to replace the product only, and not ready to refund even after deduction of legitimate expenses if any.I have told them that ther is no point of replacing a product which cannot be rectified to perform its stated function.I am not interested in refund and ready to purchase another product of reputed brand such as 'sony'digital camera ,as has been advertised by them or any other comparable product.I have told them that if they have such a stict 'no refund"policy,they should have mentioned this condition boldly or otherwise at anyplace but not doing so is clearly an unehical and illegal practise.Moreover,their advt is not comprehensive enough to include the name of manufactuter,thieaddress,products important specification.
It is extremely worrying,unfair and misleading that the company enjoys the goodwill of a reputed brand of Timesa of India Group.One feels assured that they will respond to a proper request and fair submission.
They may pl be directed to either make a refund or allow it to be substituted by a reputed and branded product of my choice- I am their old customer.I am pasting the last mail sent to them which is self explanatory

sk sinha
add-123.lohia vihar,sect-9,Indiranagar
Lucknow-226016
Mob-[protected]/[protected],[protected]@rediffmail.com

copy of the last mail dt 4.5.10 sent to Shopping.indiatimes.com
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From:
"surjit kumar sinha"<[protected]@rediffmail.com> | Add to Address book |This is spam



To: <[protected]@indiatimes.co.in>


Subject: Re: Re: Pre Order Query [ Ticket Number: SHOP-370314 ]


Date: Tue, 04 May 2010 16:18:22 IST
Cc: <[protected]@indiatimes.co.in>


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Dear Mr Vickram(cust care)
Before I saw ur reply on 1.5.05(in reference to my email on 1.5.10 sent thru your feedback page of your site to customerservice.co.in,not thru my rediffmail id) I had A TALK WITH ur cust care at[protected] same day and as advised by him ,I sent an email to [protected]@indiatimes.co.in thru my rediffmail id,which I am pasting as a trailing mail after this letter.
On 3.5.10,I had a talk with cust care again.They have given me a complaint no 245840.Pl refer to that also
On 4.5.10 today .I had a talk with ur cust care,and he has told me to write to customerservice directly thru my email id in further escalation of this matter.I am sending a cc of this mail to them also ie [protected]@indiatimes .co.in ,as advised by him.
I am summarising the points below and pl be categorical in ur response to the same..
Ur cust care says that there can only be replacement and no refund or sustituition with other product is possible.
My contention is:
1.This policy of 'no refund/substituition",when these condtions are not explicitly mentioned anywhwere.More so,when the product is unbranded and the important chateristics such as internal memory,battery life etc is neither mentionrd in the advt ,nor it has been explained by the agent on 21.4.10 who called me up and got the order executed on his asurancesand, the goodwill of TIMES OF iNDIA primarily.
2.The product suffers from basic defect which can not be cured and doesnot perform the claimed functions. The E-PHONE is wap/gprs enabled but it is not able to open the gmail or rediffmail site.The error is 'not sufficient memory".The phone doesnot have sufficient internal memory(only 671KB OR SO) to enable it to function as proper wap/gprs enabled phone.Pl get it checked up at your end before you comment on this.
3.Apart fom above,the battery lasts only for 30 minutes or so and it gives electric shock during charging.
My request-
1.In the above circumstance of the unbranded product(although it carries ur brand name) not performing the desired function as advertised,THERE is no point of replacement.I am a serious purchaser and I am not interested in refund,but only in a good product.
If you cannot make any refund after deducting the cost of expenses,pl sustitute it with any other good branded product of yours such as "sony" digital camera(advertised today ie 4.5.10 and its detailed specification must be available at its site) or any other such products ,after getting the difference in the cost.
2.In any case,pl get the defective product back to yourself at the earliest.I have been advised by your cust care that the product must not be sent directly to the seller.Indiatimes have their own arrangement to collect the same and I should wait for the mail in this regard.Pl do it at the earliest.
In the end,inspite of being ur old customer and admirer of BRAND'TIMES" THIS HAS BEEN A HARROWING EXPERIENCE AND I FEEL CHEATED.Pl take it as a test case and do some 'out of box' thinking.
Pl direct the concerned to get the defective product collected at the earliest.

SKS INHA
MOB-[protected]/[protected]
===================================================================== Pasting of the mail sent on 1.3.05 ,as mentioned in the above letter
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From:
"surjit kumar sinha" | Add to Address book |This is spam

To:

Subject: Refund pert to order no #[protected]

Date: Sat, 01 May 2010 13:08:04 IST

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Attn-Concerned Supervisor,in ref to talk with One Mr Tanuj,CC Exe on 1.5.10 AT [protected]
[protected][protected][protected]-------
Dear Sir,
After talking to MR Tanuj.cc Exe today for 9 minutes at my cost,and his inability to do anything in this matter.I requested him to get me talking to you but ,instead he gave me the email id to contact you.I am pasting the correspondence already sent thru your sitefor your info.
To further escalation in this matter you may go thru the following.
The above mentioned order for Mobile e-phone was executed thru ,your portal,agent and my credit card on 21.4.10((not thru my user id( suksinha50) although the address and the names are the same)).This was received on 29.4.10 as far as I remember. The phone is wap/gprs eanbled but it was not able to open my email account site even after repeated attempts,and cleaning of cache,cookies,photos etc(although it should not matter) and the error is always 'not sufficient memory'. The phone has too less internal memory..
Your advts or the details pert to the products at your internet site ven, ARE NOT COMPREHENSIVE ENOUGH to include important chacteristecs such as name of manufacturer, internal memory of the phone etc , which are normally sufficient in such type of phones to open your email accounts. It is important so that one can checks up the things
The agent at the time of ordering could not even tell me the brand/manufacturer of the product,what to say of other features.The goodwill of TIO brand ensures the buyer about any such apprehensions in this regard but it appears that it was so in this case.

I contacted Cust care on 30th April.The cust care gave me the phone no and the NAME OF INCHARGE OF THE SELLER AS[protected] AND ARVIND JAIN.I talked to Mr Jain and asked him for refund as THE PHONE lacks basic PROBLEM of internal memory and other problems also.There were other issues of sensitivity of touch-screen etc.
He informed me that I may use it for 7-10 days to be sure about the problem and then,if not satisfied ,courier to his address(given by him)and advised me to talk to you.
Today I CALLED YOU AND i HAVE BEEN INFORMEB BY one Mr TANUJ THAT REPLACEMENT IS POSSIBLE BUT NOT REFUND.It was futile to argue with him about the basic problem.I asked for his supervisor but he was unable to get me the supervisor He suggestd me to contact you and write to his supervisor @ [protected]@indiatimes .co.in.I will be doing that
You can not have a 'no refund policy' ,more so when your advt is not comprehensive enough to include the name of manufacturer and other important details.In any case,such condition of 'no refund 'must be mentioned in the advt itself boldly,to avoid the charge o[censored]nehical practices and further hassles.
Pl let me know the email id of your CEO IF YOU CAN NOT DO ANYTHING IN THIS MATTER.It is a matter of concern that good will of Times Of India is being used in the advt.
I may be contacted at any time on [protected]/[protected]
SK sinha
MOB-[protected]/[protected]
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Copy of the email sent thru India Times shopping ‘feed back “ page on 1.5.10 at around 12.21 PM,to [protected]@indiatimes.co.in( Restricted to 1000 characters only), Normal order no--#[protected] for mobple e-phone
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Order executed thru ur agent on 21.4.10 .The phone was not able to open email account.error is 'not sufficient memory'.
The internal memory is too less.Your advt didnot mention internal memory of the phone..Cuscare on 30th.gave me phone no of seller AS[protected].I talked to Mr Jain and asked him for refund as it has basic lack of internal memory ETC.He informed me that I may use it for 7-10 days to be sure and if not satisfied courier to his address.He advised me to talk to you.Today I CALLED YOU AND HAVE BEEN INFORMEB BY one Mr TANUJ THAT REPLACEMENT IS POSSIBLE NOT REFUND. You can not have a 'no refund policy' ,more so when your advt doesnot include the name of manufacturer and other important details.In any case,such condition of 'no refund 'must be mentioned in the advt itself boldly,to avoid the charge o[censored]nehical practises AND further hassles.It is a matter of concern that good will of Times Of India is being used in the advt.

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============================================================ END OF THE ABOVE MAIL DT 4.5.05 from [protected]@rediffmail.com
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