[Resolved]  Hometown - Sobo Central - Future Group — HomeTown - Non Grant of Refund for damaged goods delivered

Address:

Mumbai City, Maharashtra

Dear Sir, My name is Vinay Patel and I had purchased the following products from HomeTown at Sobo Central, Tardeo, Mumbai. 1) 4 Door Magna Wardrobe; 2) 3 Seater Sofa; 3) A bed; and 4) Dining Table. All of the above purchases were made on 26 January 2014 vide invoice no. [protected]. A copy of the invoice is enclosed as ANNEXURE 1-Copy of Invoice. The payments for the same were made by Debit Card. As per the purchases made, all the products were delivered on 4 February 2014. Then for installation of the all the four products, only 1 person had come to my House on 6 February 2014. While, the Bed and the Dining Table had minor defect, there were big issues with the Sofa and the Wardrobe. The pictures of the damage were sent to the manager of the store on watsapp. They are also enclosed as ANNEXURE 2-Sofa Damage and ANNEXURE 3-Wardrobe Damage respectively. A complaint was lodged at the customer care department for rectifying the damages vide Complaint no [protected]. As per the Complaint, the following is the Chronology of events. Day 1 - 26 January 2014 - Purchase of goods Day 2 - 4 February 2014 - Delivery of goods Day 3 - 6 February 2014 - Technical Personnel visited my house for installation of the goods purchased. - As the goods were received in a damaged condition, Complaint lodged with the customer care. Complaint No. [protected]. Day 4 (Don’t remember the date) - Receipt of the goods in replacement of the damaged goods. Day 5 (Don’t remember the date) - Technical Personnel visited my house for installation of the replacement. - Sofa cloth was damaged but I have accepted it to get out of frustration. - The replaced parts of the wardrobe sent were incorrect. The personnel place another request for the same. Day 6 – 26 February 2014 - Receipt of the damaged spare parts and intimated the store manager to have the wardrobe fixed at the earliest. Day 7 – 27 February 2014 - Technical Personnel visited my house for installation of the wardrobe (replacing damaged parts). - While installing the wardrobe, they damaged one part of the wardrobe. When asked about it, instead of accepting their mistake, they said this will not be visible, as it is at the back etc. The damage enclosed as ANNEXURE 4 – latest WR damage - The Technical Personnel lodged a complaint for replacement. - I had a word with the Manager of store and asked him to take the wardrobe back and refund my money. Day 8 – 2 March 2014 - I personally visited the store to have a word with the Manager. The manager was not available. So I was asked to talk to Mr Prashant. - He assured me that cancellation request has been taken and that refund will granted by cheque within a week. Day 9 - (Don’t remember the date) - I got a call from Bhiwandi warehouse for delivery of replacement of damaged goods. I said I want refund and the store has already taken my request. So no need of sending any replacements. Day 10 - (Don’t remember the date) - Inspite of me saying not to deliver, they purposely sent the replacement to my house. As I am working and was not at home, my Father accepted the replaced goods. This was completely fraudulent on their part to have sent the replacement inspite of me asking them not to send. Day 11 – 8 March 2014 - I followed up with the Manager for refund status. He completely denied committing for refund. - Then on pursuation, he said that they tried but they cannot grant refund as per repair and replacement policy. - I have asked for the policy document. Have yet not received it. I have not received any policy document. Even if I receive, the same may not be considered as a policy as no document was given to me at the time of purchase of goods. As per the contract between me and the store, the only copy of the agreement that should be considered, is the Bill/ Invoice. On the inverse of the Bill, at point 17, clearly states the following copy of the extract enclosed as ANNEXURE 5: “In case of any refund of amount of rupees Twenty Thousand and more, the same shall be made payable through crossed account payee cheque only” In view of the above, a refund situation had already been contemplated and hence, refund should be granted. Further, none of other clauses mention that refund cannot be granted. Even if the above is not considered, as defective goods were delivered to me, I have every right to claim refund and reject what was sent to me. My point is that I bought readymade products as I wanted to expeditiously settle down. However, these guys took more than 1 month and still unresolved. Hence, I have asked for refund and cancellation of my order. In light of the above, the Store be directed to grant refund of the damaged delivery at the earliest. Also, in case of any delay, they should be penalised heavily. Best regards, Vinay [protected]