I am concerned for Noble Medichem Private Limited (hereinafter referred to as “My Client” for the sake of brevity) having its address at Hemu Castle, 03, Ground Floor, Dadabhai Road, Mumbai Suburban Mumbai, Maharashtra, 400056. Under instructions and on behalf of my client, I do hereby serve upon you the present legal notice, contents of which are set forth herein below as follows: -
1. My client states that they are a Private Limited Company engaged in the business of medical industry having their outlets/medical stores in and around Mumbai city.
2. My client states that on 8 June 2024 my client who is a Prime Member placed an order from Amazone India wherein Green Mobiles was the seller, for 3 handsets being “Vivo T2x 5G (Marine Blue, 128 GB)” (hereinafter referred to as “the said product” for the sake of brevity). each amounting to Rs. 11, 439.83/- (Rupees Eleven Thousand Four Hundred Thirty-Nine and Eighty-Three Paise Only). Total amount including GST was Rs. 40, 497.00/- (Rupees Forty Thousand Four Hundred Ninety-Seven Only) which was paid via online payment method. Hereto annexed as Annexure A is the copy of invoice.
3. My client states that on 10 June 2024 the package was delivered at the above-mentioned address to my client. However, the delivery person handed over the package at the reception of my client’s office without complying with the delivery norm of opening the package before the delivery person and left without verifying the product. Further, upon opening the package, my client was shocked to find that only two handsets were delivered out of the three.
4. My client states that they checked the CCTV footage of the day when the said product was delivered i. e. 10 June 2024 wherein it clearly shows that the delivered package was opened and only 2 handsets were found. This constitutes a clear deficiency in service and a breach of the contractual obligations owed to my client as a consumer.
5. My client states that on 3 August 2024 my client addressed an email to Amazone. India customer service and demanded immediate investigation of the missing handset, refund of the amount of the missing handset or to deliver the third handset to my client. My client had also attached CCTV footage of the day when the package was delivered at my client’s office along with the email. Hereto annexed as Annexure B is the copy of email dated 3 August 2024. However, till date my client has not received any satisfactory response or resolution from your side.
6. In light of all the above facts and circumstances, my client, through me, calls upon you, to refund an amount of Rs. 13, 499.00/- (Rupees Thirteen Thousand Four Hundred and Ninety-Nine Only) along with 18% interest per annum from the date of delivery i. e. 10 June 2024 till the realisation of the amount within a period of 15 days of receipt of this notice.
7. That I also call upon you to pay a compensation of Rs. 50, 000/- (Rupees Fifty Thousand Only) for the distress, hardship and mental agony caused to my client due to failure to deliver the product within a period of 15 days of receipt of this notice. Further, I call upon you to bear the cost of present legal notice amounting to Rs, 10, 000/- (Rupees Ten Thousand Only) and any subsequent legal proceedings which may be filed on behalf of my client.
8. That I hereby call upon you to comply with the requisite mentioned in this legal notice within a period of 15 (Fifteen) days of the receipt of the same, failing which my client has instructed me to initiate appropriate legal proceedings which may be Civil and Criminal in nature under the provisions of The Consumer Protection Act, 2019, against Green Mobiles and Amazone India jointly and/or severally before the competent court of law at your resultant risk and cost.
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