| Address: Udham Singh Nagar, Uttarakhand |
LEGAL NOTICE No 1
Dear Saurabh Shankarji,
I had send email to ebay through customer support to Mr. Saurabh Shankar, Mr Chetan S & live chat with Mr Khalid, Ms Pranali S, Mr Umer L of ebay, but nobody had replied satisfactorily regarding my following problem:
I have ordered the Micromax A117 Canvus magnus phone(IMEI no [protected]) price 14491 rupees on 24th May 2014 at 12.54AM with ebay ID "mayankthebest_2011" to deliver it at following Address:
"NB-02, New Beni block, Nagala Dairy Farm, GBPUAT, Pantnagar (Udham Singh Nagar), Uttarakhand -263145".
On 26th May 2014, there was phone calls from ebay that this phone cannot be delivered to Pantnagar Address and asked the new address for its delivery. The phone had been delivered on 28th May 2014 to the new address:
" Mayank yadav, H.No.1/5142, Gali No 5, Balveer Nagar, Shahdara, Delhi".
This mobile phone touch screen has hanging problem since day one. Its touch screen slowly stopped working. The back button at right bottom corner is not working at all.
You have given all the technical features on your website. But you have not mentioned anywhere this touch screen problem on your website, while this is inherent property of this mobile phone. Recently I have seen the comments of several reviewers, most of them is saying that touch screen problem is continuously persist with this Micromax A117 mobile phone.
This is cheating with customer and is complete violation of section 420 of IPC(Dafa 420) regarding consumer protection act 1986 for dishonestly delivering the goods to the consumer. You are hereby requested to return the above money as early as possible.
Therefore I again request you to refund my entire money of rupees 14491 that you had charged by selling the above mobile phone to me. (you had despatched the bill no 10814 dated 26/5/14 from Ayush communication 1, manoramaganj, Palasia Square, Indore with the above mobile phone. The paisa pay ID is [protected] ). Waiting your urgent reply.
With Regards
Chandra Prakash
Pantnagar
M: [protected]
Aug 14, 2020
Complaint marked as Resolved 
With respect to your claim we on the very Second day of receiving your email offered you 2 options as a substitute to your laptop and also gave you the option of a refund from our end immediately. BOTH however were not acceptable to you and the matter was escalated without reason. You filed a claim with ebay which also got rejected as our intention to help was evident in our exchange of emails and call records. Inspite of ebay rejecting your claim we again contacted you to provide service on 22.07.2014 but that too was not acceptable to you. We are as of today also willing to provide you a refund once you ship back the laptop and we check the same.
For your reference and reference of forum members here are the events that transpired in a nutshell :
Kindly Note we received your email on 28th June, 2014 with mention of blemishes on the laptop and supporting images.
We sent you an apologetic response and offered you 2 laptop options as a substitute:
Dear Sir,
Here are the following offers you can consider.
1) http://www.amazon.in/dp/B00HFIJ7E0 - With 1 year standard carry in warranty from Dell.
2) Above offer without touchscreen - Rs. 53580/- All Inclusive.
We also offered you a refund for your laptop. However you said you’d want the following:
1. I'm willing to upgrade to a 17" box of the same make (17R-7737) - I'm way over my budget, but will pay an additional 8K as fair exchange value. This is as far as I'm willing to stretch
2. If the above exchange in not agreeable, I'll raise a refund ticket on ebay citing the reasons for doing so
PLEASE NOTE: the laptop you purchased from us 51, 591 and u wanted a laptop in exchange that costs Rs 67, 881 - a difference of 16, 290, which is extremely unreasonable after having offered you a full refund and/or other options in this range. More so we also partly agreed to giving you the 17” laptop if you paid us 12, 000 more instead of 8, 000 suggested by you. In this case too we were bearing a loss of Rs 4, 000 which again was not acceptable to you.
We again offered you a refund but you stated that you would raise a claim with ebay. In response to the same we still emailed you the following:
1) Immediate replacement but unfortunately we were sold out and did not have a spare unit.
2) Instant refund from our side(due to your urgency) and a gift from our side as a token of appreciation.
3) We offered you a new unit with same specs with guarantee that well get the "touchscreen" started working at Dell Bangalore service center. (We can still happily do this for you or we can get it started and ship it to you if you want to give this one more week since it will be done by Dell center, timeline will depend on how soon they give it back to us).
4) We can replace the keyboard for you even today but Chassis replacement cannot be guaranteed
You still went ahead with the claim, which eventually even got rejected by ebay as they had proof of the chain of emails shared between us where we offered you all possible solutions and support, which unfortunately was dissatisfactory in your view.
Inspite of ebay rejecting your claim, we again called you on 22.07.2014 to resolve your issue but you denied taking our support. We still look forward to assisting you on the matter.
As a last resort to resolve your issue we are still willing to accept the laptop used by you and provide you a refund once we receive and the check the laptop. If the same is agreeable to you please let us know. We have time and again followed up with you as can be seen in the email follow ups and call records and have never denied service.
With respect to your claim we on the very Second day of receiving your email offered you 2 options as a substitute to your laptop and also gave you the option of a refund from our end immediately. BOTH however were not acceptable to you and the matter was escalated without reason. You filed a claim with ebay which also got rejected as our intention to help was evident in our exchange of emails and call records. Inspite of ebay rejecting your claim we again contacted you to provide service on 22.07.2014 but that too was not acceptable to you. We are as of today also willing to provide you a refund once you ship back the laptop and we check the same.
For your reference and reference of forum members here are the events that transpired in a nutshell :
Kindly Note we received your email on 28th June, 2014 with mention of blemishes on the laptop and supporting images.
We sent you an apologetic response and offered you 2 laptop options as a substitute:
Dear Sir,
Here are the following offers you can consider.
1) http://www.amazon.in/dp/B00HFIJ7E0 - With 1 year standard carry in warranty from Dell.
2) Above offer without touchscreen - Rs. 53580/- All Inclusive.
We also offered you a refund for your laptop. However you said you’d want the following:
1. I'm willing to upgrade to a 17" box of the same make (17R-7737) - I'm way over my budget, but will pay an additional 8K as fair exchange value. This is as far as I'm willing to stretch
2. If the above exchange in not agreeable, I'll raise a refund ticket on ebay citing the reasons for doing so
PLEASE NOTE: the laptop you purchased from us 51, 591 and u wanted a laptop in exchange that costs Rs 67, 881 - a difference of 16, 290, which is extremely unreasonable after having offered you a full refund and/or other options in this range. More so we also partly agreed to giving you the 17” laptop if you paid us 12, 000 more instead of 8, 000 suggested by you. In this case too we were bearing a loss of Rs 4, 000 which again was not acceptable to you.
We again offered you a refund but you stated that you would raise a claim with ebay. In response to the same we still emailed you the following:
1) Immediate replacement but unfortunately we were sold out and did not have a spare unit.
2) Instant refund from our side(due to your urgency) and a gift from our side as a token of appreciation.
3) We offered you a new unit with same specs with guarantee that well get the "touchscreen" started working at Dell Bangalore service center. (We can still happily do this for you or we can get it started and ship it to you if you want to give this one more week since it will be done by Dell center, timeline will depend on how soon they give it back to us).
4) We can replace the keyboard for you even today but Chassis replacement cannot be guaranteed
You still went ahead with the claim, which eventually even got rejected by ebay as they had proof of the chain of emails shared between us where we offered you all possible solutions and support, which unfortunately was dissatisfactory in your view.
Inspite of ebay rejecting your claim, we again called you on 22.07.2014 to resolve your issue but you denied taking our support. We still look forward to assisting you on the matter.
As a last resort to resolve your issue we are still willing to accept the laptop used by you and provide you a refund once we receive and the check the laptop. If the same is agreeable to you please let us know. We have time and again followed up with you as can be seen in the email follow ups and call records and have never denied service.