Address: | Mumbai City, Maharashtra, 121003 |
Website: | ebay.in |
To,
1. M/s Ebay India Pvt. Limited,
Through its Director/Managing Director,
14th Floor, North Block,
R-Tech Park, Western Express Highway,
Goregaon East, Mumbai-400063
2. M/s Excotron Solutions Pvt. Ltd.
Through its Director/Managing Director,
No. 85/1, 2nd Floor, 3rd Cross New Timber Yard Layout,
Bangalore, Karnataka
Sub. : Legal Notice
Sir,
Under the instructions received from and on behalf of my client Sh. Kapil Gupta, R/o H. No. 118, Sector-28, Faridabad, Haryana, Mobile no. [protected], I am here by serving you with the following legal notice:
1. That my aforesaid client required a 4G compatible phone to be used for the working of Reliance Jio phone Sim and as such searched the web portal of you the addressee no. 1.
2. That on searching through various telephone models enlisted therein, my client zeroed in on a specific model of Microsoft Lumia 640 XL Dual Sim, wherein the specifications shown for the said model described it as 4G phone which would have been compatible for running the Reliance Jio sim of my client.
3. That being satisfied of the specifications so provided on the e-merchandise web site of you the addressee no. 1, my client placed his order for purchase of the aforesaid mobile vide Paisapay ID [protected] on 07.04.2017.
4. That the said mobile was delivered through the addressee no. 2 at the address of my client alongwith invoice dated 08.04.2017 of Rs. 6, 899/- drawn by you the addressee no. 2 and upon taking delivery of the said phone and upon inserting his Reliance Jio sim in the said phone, it transpired that the said sim was not working in the said phone and upon further efforts, it transpired that the sim is not compatible with the said phone as the phone so delivered was a 3G phone and as such the Reliance Jio sim which is compatible with either a 4G phone or LTE phone, shall not work with the phone so delivered to my client.
5. That being surprised and feeling cheated by you the addressee wherein false specifications were enlisted and a phone was sold to my client under wrong specifications, my client opting for return of the said phone, immediately lodged a complaint with the Grievance Redressal postal of you the addressee no. 1 and sought the refund of his money as the prodfuct was sold to my client under mis-representation of specifications and as such the said phone being of no use to my client, ought to have been returned.
6. That on the contrary, you the addressee no. 1 rather than accepting your fault and providing return of money to my client, closed his complaint for any further action at your end.
7. That as constrained, my client vide mail dated 07.05.2017, intimated that he protest closing his complaint and contemplate taking legal action for refund of his money. The mobile phone so delivered is lying with my client unused since the date of its delivery.
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