LEGAL NOTICE
Name and Address:-
M/s. Subhash Tractors, Bank Road Gorakhpur.
Dear Sir,
This is to bring your kind notice that I purchased a Discover blue colour Motorcycle form Subhash Tractor which was authorized dealer for the same (Will be mentioned hereinafter as said goods) for consideration of Rs 54689/+ Insurance Rs. 1509 alongwith Teflon Polish of worth Rs. 400/-paid in cash vide your cash memo/receipt no.03166 on 25.10.2013.
The said goods was purchased for facilitating the consumer for conducting his profession as Lawyer in Civil Court, Gorakhpur, but he was unable for conducting the same, because said goods had tendency to the defects elaborated as under-
1. That within a week of purchasing the said goods did not self start and after healthy efforts it could not be started manually, when consumer went to perches his medicine on Mahaveer Medical Store at 8 O’clock. Thereafter, he pulled his said goods and stood it in the stand of Star Hospital, Gorakhpur. On very next day said goods was sent to workshop Subhash Tractor for repairing the defects.
2. That Technicians of Subhash Tractor given whole efforts but failed to start the said goods on next day morning, then thereafter said goods was sent to service centre and consumer was asked to come at 3 O’clock (afternoon). The said goods was handed over to consumer at 7 O’clock on evening. It was informed that problem in starting was due to problem in corroborator and magnet and it was resolved now.
3. That Consumer complained to service centre of said goods, regarding the unnecessary and unusual sound generated by the seat of said goods low millage, as averred in it advertisement on 19.11.2013. It is relevant to mention here that the same defect has been found in all Discover Motorcycle, moreover Discover 125 T model has low ground clearance and therefore it hits speed breakers oftenly. It was informed that the defects aforesaid would be resolved after first servicing. After two days he went for servicing on service centre. During the servicing the technician told that since the quality of engine oil was very nice and said changing of oil was not required. The proposal of technician was against the norm of company, which stipulated that warranty of part might not be applicable if engine oil was not changed in each servicing. However, consumer told the technician to do everything as required and paid Rs 436/- after servicing, for the same.
4. That consumer again complained regarding aforesaid defects in said goods on 24/25.12.13 in its service centre and after one hour checking it was returned to consumer with assurance that the problems had been resolved.
5. That the second servicing was conducted on 19.03.2014. After this servicing alongwith aforesaid defects horn was not properly functioned. Thereafter on 05.04.2014 service centre told the consumer all aforesaid problems had been resolved.
6. That the engine of the said goods faced meantime a new problem of overheating. Moreover aforesaid defects in the said goods were not being resolved as assured to consumer. The entire grievances of the consumer again complained on 04.06.14 & 19.06.2014. The said goods again return back to consumer with same assurance, but nothing was done.
7. The above fact and circumstances clearly vindicate that you have not made goods the defects in the said goods which was your deficiency in services. The same is indeed regrettable and highly un business like. On account of your aforesaid dereliction of duty, failure and neglect to rectify the same I have suffered losses/incurred expenses as under –
1. The price of said goods Rs 54689/+ Insurance Rs. 1509 alongwith Teflon Polish of worth Rs. 400/-paid in cash
2. The mental exploitations and Physical exertions Rs 100000/-
3. In convenient to perform our routine business which ought to be performed with smart phone Rs 50000/-
4. The expenses of legal notice Rs 5000/-
which you are liable to compensate me.
You are herewith finally called to –
1. Remove the said defect in the goods and/or
2. Replace the said goods with new goods and/or
3. Return the price/ charges paid and
4. Compensation for financial loss/ injury/ interest suffered due to your negligence in the sum of Rs 211, 598/- with interest @ 9% per annum within 15 days of the receipt of this notice and failing which I shall be constrained to initiate against you for REDRESSAL of my aforesaid grievances and recovery of aforesaid amount such proceedings, both civil and criminal, as are warranted by law, filing a complaint under the statutory provision of t6he Consumer Protection Act 1986, exclusively at your own risk, cost, responsibility and consequences which please note.
Amit Kumar Trivedi
(Advocate)
Civil Court Gorakhpur
Chamber No. 45
Mobile No. [protected],
[protected]
Place: Gorakhpur
