[Resolved]  HTC Touch - P3452 — DEFECTIVE HANDSET

To, Date: 02.07.2009

1. The Manager,
HTC Corporation,
Brightpoint India Pvt. Ltd.,
B-92, 9th Floor, Himalaya House,
23 K.G. Marg, New Delhi-110001.

2. Hotspot Retails Pvt. Ltd.,
F-14/16-Model Town 2nd,
Delhi.

3. The Service Manager,
HTC Corporation,
RT Outsourcing Services Ltd.,
Customer Care Executive,
B-81 Okhla Phase-II, New Delhi-20.

4. The Service Manager,
HTC Corporation,
Salora-HTC Care Service Centre,
D-13/4 Okhla Ind. Area Phase II,
New Delhi 110020.


Sub: Defective Handset HTC TOUCH P3452

Sir,

This is to bring to your kind notice that I bought a HTC TOUCH P3452, IMEI No.[protected] from your dealer-addressee no.2 i.e., Hotspot Retails Pvt. Ltd., F-14/16-Model Town 2nd, Delhi, for a consideration of Rs.13, 900/- (Rupees Thirteen Thousand Nine Hundred Only), whose original MRP as per stamp is Rs.19, 990/-, paid in cash vide cash memo/ Invoice/ Receipt Book No.68, Serial No. MT/ 3388 on 15.08.2008. That you addressee no.1 is the importer and trader of HTC mobile products in India.

At the time of purchase the above mentioned dealer of yours i.e., addressee no.2 assured me that the said handset is free from defects and issued a warranty for a period of 1 year from the date of its purchase. But unfortunately the aforesaid handset is having manufacturing defects since the day of its purchase and I repeatedly contacted the addressees for the repair/ replacement.

The handset in question is having following defect(s):
1. It hangs repeatedly;
2. Lost its memory several times;
3. Get heat-up while charging;
4. Problem in connectivity with Laptop for transfer of data;
5. Touch panel function abnormally;
6. Call drops-Shows no network;
7. Screen color changes automatically;
8. Sound automatically gets low while conversation;
9. Software stops functioning,
10. Headphone not working, etc.,

That I have reported the above matter to addressee no.2 several times and visited several times to the Service centre of addressee no.4 namely Salora-HTC Care Service Centre at D-13/4 Okhla Ind. Area Phase II, New Delhi 110020. On 08.06.09, I handed over the defective handset with the above mentioned complaints whereupon the same was kept for 4 days for repair. On 12.06.2008, the handset was returned with replacement of main board which a change in IMEI no. as [protected] which confirms manufacturing defect in the handset in question. Unfortunately the same defects again cropped up within two days of repair/service and again on 01.07.2009 the defective handset was placed before the addressee no.4 for repairs. Here it won’t be out of place to mention that the said defective handset is still lying with addressee no.4 for repairs/service. The service engineer also accepted/ confirmed that the handset has a latent manufacturing defect which couldn’t be removed by the said repairs. Here it is pertinent to submit that all data stored in the said handset has lost from the said handset which not only put great mental agony, harassment, alongwith the great economical loss too.

It is submitted that I am suffering hardships since the day of purchase of mobile handset as the same is working abnormally and having serious manufacturing defects. You the addressees have intentionally and deliberately sold a defective handset to me and further completely failed to cure the manufacturing defects in your product and the same is causing great hardships, mental harassment, physical pain and I am unable to use the features of the mobile in question, secondly I have lost the stored data available in mobile due to which I had to suffer hardships, mental and physical, in collecting back the data, thirdly I totally burnt out due to regular visits to the addresses.

I, therefore, by means of this communication call upon you to either replace the said defective mobile with any other model of same specifications or to refund the present price of Rs.19, 990/- with interest @18% p.a from the date of purchase till the date of realization within 15 days of the receipt of this communication/e.mail failing which I shall be constrained to initiate against you for redressal of my aforesaid grievances and recovery of the aforesaid amount such proceedings, both civil and criminal as are warranted by law, besides filing a complaint under the statutory provisions of The Consumer Protection Act, 1986 exclusively at your own risk, cost, responsibility and consequences which please note.



Ashish Chauhan
Advocate
Mob: [protected]