Kaunsa.com — Fraudulent delivery of product

Address:

New Delhi, Delhi

Dated 03.11.2014 To The CEO/MD, Mify Solution, Pvt. Ltd. SF 204, Singhal Tower, sector 58, NOIDA, U P.- INDIA. Subject :-- Fraud/cheating regarding the product. Samsung Galaxy S5 Sir, Undersigned had booked/purchased one Samsung Galaxy S5 cell phone vide order ID no [protected] on 19.10.2014 and paid Rs. 8999.00, allured by DEWALI offer/today’s spl. Offer. I have received a parcel from currier (today about 12.30. pm). On seeing the parcel I am shocked that It is not containing the same phone which is prominently displayed on website. Your website nowhere disclosed that this Galaxy S5 is not from Samsung Company but from some local brand. This cell phone is deceptively and dishonestly similar to genuine Samsung Galaxy S5 cell phone which gives impression to customers that they are purchasing genuine Samsung Galaxy S5 phone. The Cell Phone displayed on website is deceptively similar to Samsung Galaxy Phone, It is depicting same Samsung Galaxy S5 phone’s replica. It also levelled as Galaxy S5. This false and mischievous replica of Samsung Galaxy S5 is sufficient to trap innocent customers by projecting that it was Samsung Galaxy S5 cell phone. This replica image of phone defrauded customers as they are considering that due to Diwali sale/offer they are getting same Samsung galaxy genuine S5 phone on cheap price. This fraudulent and dishonest misrepresentation amount to cheating and punishable under the law of the land. More so selling of replica/deceptively alike phone also amount to infringement of copy right and trademark of the reputed company- M/s Samsung in the present case, thus, you are liable for copy right/trade mark violation. Apart from this your act and deed amount to unfair trade practice, thus, you are also liable for unfair trade practice-an actionable civil wrong in India. You are requested to provide me genuine Samsung Galaxy S5 phone, as you projected and impressing on your website within 3 working day of receipt of this notice, failing which I shall file FIR For cheating/fraud against you apart from initiating the proceedings before the competent court for copyright and trade mark infringement as well as for adopting unfair trade practice at your risk and cost. I will also constrained to put all this fraudulent act on your part on your website so that the viewers will be appraised of this fraud/cheating and think twice before purchasing anything from your website. I have collected sufficient documentary and oral evidence to nail your concern. Awaiting your reply ASAP. P K SHARMA [protected]@yahoo.co.in [protected] EXSSPP/CBI/DELHI EX STANDING COUNSEL/CBI/DELHI