[Resolved]  Xolo — Alert for final warning for consumer court

Address:

New Delhi, Delhi

VAKIL AHMED & ASSOCIATES
Advocates & Legal consultants
Delhi High Court
Q-3, Lane No. 19, Brahampuri, Delhi- 110053.
M. No. [protected] Ph. No.[protected]


Ref. No.V/187/2014 Dated: - 21 July, 2014


REGD. A.D/SPEED POST

To,

The Managing Director,
Xolo Mobile Head Office
A-56, Sector-64, Noida-201301 (U.P.)

LEGAL NOTICE

Under instructions from and on behalf of my client Sh. Khalil Ahmed S/o Sh. Abdul Rashid proprietor of M/s S. N. Traders having its Office at Q-3, Gali No. 19, Brahampuri, Delhi-110053 and having its residence at H.No. C-1290, Street No. 11, Matke Wali, Chauhan Banger, Delhi-110053. (hereinafter called as my client) have instructed me to serve upon you the following legal notice:-

1. That my client is the buyer of Xolo mobile having model no. Q2000 with Mmc from Wizard Digitek Computers Pvt. Ltd. C-6/232, Yamuna Vihar, Delhi-110053 vide tax invoice no. 42 dated:[protected] a sum of Rs. 13, 700/= for the use of personal purpose.

2. That my client bought the above noted mobile from Wizard Digitek Computers Pvt. Ltd. C-6/232, Yamuna Vihar, Delhi-110053 that time the assurance was given by the dealer there are much features than other mobile and it has 1 year warranty from the date of purchase.

3. That my client bought the above noted mobile from the dealer vide tax invoice no. 42 dated:[protected] its IMEI no. [protected].

4. That my client was facing problems after some weeks from the date of purchase. The camera and display were note working up to the mark i.e. not working properly.

5. That my client went to service centre to check/show it on dated:[protected] at BEST SERVICES shop no. G1 & G2 Express Arcade Plot no. H-10, Netaji Subhash Place, pitampura, Delhi.

6. That my client faced to the executive of service centre, on the same day they checked and verified it and advised to my client that we are not able to understand what the major fault behind this is and due to this it will be forwarded to the head office of our branch for 20 to 25 days. My client said i have used it only for 2 months from the date of purchase and finally agreed with the executive and left his mobile to the service centre.

7. That my client received a call from the service centre at his mobile no. [protected] on dated:[protected] at 05:20 p.m. and the executive said your mobile is finally o.k. and you can collect your above noted mobile from our service centre namely BEST SERVICES shop no. G1 & G2 Express Arcade Plot no. H-10, Netaji Subhash Place, pitampura, Delhi.

8. That my client reached the above noted service centre on dated:[protected] and met the executive of service centre for collecting his mobile then my client noticed that the condition of mobile is much worse than before, its touch screen and some other parts had also became damaged and earlier problem was still stabled. The executive of service centre said to my client and demanded illegal gratification of Rs, 6, 000 for exchanging this old one to same new packed mobile from head office.

9. That my client got negative response and unsatisfied with them, he returned back from the service centre with repaired mobile, then my client found that its IMEI no. had also been changed to new one [protected]. Its original IMEI no. was [protected]. The executive staff is responsible for committed fraud/cheat.

10. That it appears that the intention of the executive staff was malafide at the time of receiving the mobile and executive have made dishonest intention in order to cheat/fraud to my client, for that my client is contemplating to initiate legal action against you as per law.


It is the hard earned money of my client thereby causing wrongful gain to yourself and wrongful loss to my client as such you are entitled to the interest @ 24% p.a. on the above said mobile amount till the date of realization.

I, hereby call upon you to pay my client a sum of Rs. 13, 700/-(Rs. Thirteen Thousands Seven Hundreds Only) along with the interest @ 24% p.a. w.e.f. 21.07.2014 along with Rs.5, 500/ - towards notice charges within 15 days from the receipt of this notice, failing which my client shall be constrained to take appropriate legal action civil as well as criminal, as advised, to pay my client a sum of Rs. 13, 700/-(Rs. Thirteen Thousands Seven Hundreds Only) of the above said amount at your costs, risks and consequences which please note.
Copy kept for further reference.


1. Copy sent to BEST SERVICES shop no. G1 & G2 Express Arcade Plot no. H-10, Netaji Subhash Place, pitampura, Delhi.


(Enclosing photocopy of purchasing bill)


Vakil Ahmed


(Advocate)