[Resolved]  Sigmatel — Inferior Mobile Set

January 31, 2010
Dear Sirs/Madam,

Sub: Complaint against supply of a inferior
Mobile Hanset & Accessories

I would like to draw your kind attention to the following facts for your kind perusal and advice:

1. That one advertisement – “Times of India Readers’ Offer” was published in the daily newspaper “The Times of India” on 11.05.2009 offering amongst other products oneSIGMATEL MULTIMEDIA MOBILE PHONE at a price of Rs.3,195/- Plus Rs.250/- extra towards delivery charges totalling to Rs.3,445/- (MRP of which, as per the advertisement, was Rs.9999/-). Please see attachment.

2. That I booked the above-mentioned Mobile Phone over phone on 12.05.2009, as per their advertisement, and an Order Number[protected] was allotted in my favour and advised me to handover a Cheque for Rs.3,445/- to their representative who will collect the same from my the then office (National Insurance Co. Ltd.) address situated at 24, C.R. Avenue, 2nd Floor, Kolkata-700012.

3. That accordingly I handed over a Cheque No. 495513 dated 15.05.2009 for Rs.3,445/- on State Bank of India, B.A.C. Street Branch, Kolkata, in favour of Times Internet Ltd., for which Money Receipt No. 1365842 dated 15.05.2009, issued by Skypack Financial Securities Pvt. Ltd., 50, Chowringhee Road, “B” Wing, 10th Floor, Kolkata-700071.

4. That on 26.05.2009 one Parcel Packet containing one Mobile Phone was delivered to my above office address. After opening the said sealed Parcel Packet I was surprised to note that the features of the Mobile Phone was not as per with that of the Mobile Phone they offered as per advertisement dated 11.05.2009 and thus they had made a breach of Contract. .

5. That on 06.06.2009 I lodged my complaint through e-mail to “Escalations [protected]@indiatimes.co.in from my desk (my email address [protected]@gmail.co.in) on receipt of which they had advised me through email dated 25.06.2009 to return the said Mobile Phone to their Vendor ‘s address [Karce Enterprises (India) Pvt. Ltd. (CDN Enterprises Pvt. Ltd.), A-1/A-38, Chanakya Place, Part-1, Gali No. 9, Opp. Chanan Devi Hospital, New Delhi-110059] for necessary replacement.

6. That accordingly I returned the same as per their advice. Thereafter, on 10.08.2009 I received another Parcel Packet containing a SIGMATEL Mobile Phone “Model No.S81” in a container box of SIGMATEL Mobile Phone “Model No. S90i”. (Please see attachment)

7. That while scrutinizing the features of “Model No. S81”, it is observed that the same are not at par with their advertisement dated 11.05.2009. Surprisingly, it also observed from the features of “Model No. S90i”, as printed on the container box, that the same are identical with their advertisement. Moreover, the Battery Charging Cable, as sent along with the Mobile (“Model No. S81”) is not inserting into the Mobile set. As a result, the said battery charging cable is unusable from the date of receipt of the same.

8. That I have informed the above information through email on 13.08.2009 followed by reminders dated 18.08.2009, 28.08.2009 and 06.10.2009, reply of which has not yet been received by me, due to the reasons best known to them.

9. That in the meantime, I have managed to charge the batteries temporarily by a Universal Charger and I was able to use the said Mobile (“Model No. S81”) but unable to hear FM Radio, as the charging cord is not inserting into the Mobile set.

10. That on 30.11.2009 while I wanted to check the validity/authenticity of IMEI No. ([protected]) of the above referred SIGMATEL Mobile Phone by sending message to57886, I was served with the warning message by the concerned authority that “INVALID IMEI:This IMEI is illegal and your mobile connection will be disconnected as per Govt. of India directive”. Ultimately, the Mobile connection has been disconnected and whenever I am going to use the Mobile inserting a SIM, the same is shown as “INVALID SIM”.

Under the above circumstances, I seek your kind intervention so that a bonafide purchaser can get a Mobile Set which should have the features as per their advertisement (11.05.2009) with valid and legal IMEI with proper accessories. I would also like to request to take necessary action so that a purchaser like me would never cheated by the above Vendor(s) and seek your proper justice as per law of land.

Your early action is earnestly solicited.

Yours faithfully,


KISHORE KUMAR DEY.

MY PRESENT OFFICE ADDRESS:
National Insurance Co. Ltd.,
Head Office,
N.M.B.S. Dept.,
3, Middleton Street,
Kolkata – 700071.