[Resolved]  Samsung Electronics Co. Ltd — Legal Notice for selling defective mobile

Address:

Chennai, Tamil Nadu

Balasubramanian S Add: F-4, Swagath Apartments, Advocate, Madras High Court Pondichery Road, Kotturpuram, Life Member-Indian Society of Criminology Chennai – 600 085. Vice-President, Indian, Association of Lawyers Mob: [protected] ________________________________________ To, Date: 27.06.2014 1. M/S POORVIKA MOBILES PRIVATE LIMITED, B.O.No.1, Prakasam Road, T.Nagar, Chennai - 600024. 2. Samsung India Electronics Pvt Ltd, 2nd, 3rd & 4th Floor, Tower C, Vipul Tech Square, Golf Course Road, Gurgaon Sector 43, Gurgaon - 122002 3. Samsung India Electronics Pvt Ltd., B-1, SECTOR 81, PHASE 2 NOIDA DISTRICT, GAUTAM BUDD NAGAR, UTTAR PRADESH. Sub :- Notice for Sale of defective Samsung mobile model No. G 900 by false assurance and deficiency of service. Ref: 1. Your Invoice No.2136 dated 04.06.2014. 2. Your Invoice cum delivery challan no.8756 dt04.06 .2014 for Poorvika Protect. Dear Sir, I have purchased a Samsung Mobile model G900 having IMEI NO. [protected], battery No.EB-BG900BBEE, golden color on 04/06/2014 @ Rs.41, 500/-(Rupees Fourty One Thousand Five Hundred Only). When I came to your mobile shop for buying the Nokia company’s mobile phone you stated that you have a good mobile phone of Samsung company and assured me to giving good quality mobile and service if I purchase that mobile from your shop you will also provide me better services. I had trusted upon your assurances and purchased the said mobile from you but it was utmost surprise to me to see that the said mobile had manufacturing defect. The mobile was bent from its display screen. When I complained to you, you have advised me to make a complaint to the customer care on your instruction I made compliant to customer care on 07/06/2014 vide compliant No. is [protected] . I deposited my mobile to the authorized service center of Samsung Mobile phone. The same day they have seen that the duplicate screws has been fitted in the said mobile phone, therefore, its display screen is bent. It’s a manufacturing defect or you have sold me used mobile phone that’s why it has duplicate screws. The Service center representative stated that they will replace the defective duplicate parts and fix original spare parts and return my mobile phone within 7 working days, now more than 25 days has been passed but I still I have not received my mobile phone I am receiving false assurances only. It is a deficiency in the service also. This act of yours caused me grave loss and mental agony. If you had not assured me that the mobile I am purchasing from your shop is a new one and having good quality I could not purchase the same from your shop. Believing upon your assurances I invested big amount to buy said mobile phone. You have knowingly and deliberately sold a defective mobile to me your this act is comes under the purview of cheating, which is an offence punishable under section 420 of Indian Penal Code. You have done business against the business ethics and practice. You are hereby called upon to provide me a new mobile phone of same model within 7 days from the date of receiving of this notice, if you failed in compliance of this notice, I will be constraint to take legal action against all of you by lodging a FIR for initiating investigation and filing civil suit before competent court for recovery of damages and value of mobile phone and you shall be solely responsible for the cost and consequences arising thereof. Note: A copy of this notice will be circulated to National and local media so that common people of India can be saved from this kind of cheating and malafide business practices. Yours truly, Balasubramanian S