HTC — Deficiency of service

Address:	500004
Website:	www.htc.com/in

LEGAL NOTICE BY RPAD CH.RAVI KUMAR, ADVOCATE. Date:[protected] To, The Managing Director, HTC India Pvt. Ltd. G-4, BPTP Park Avenue, Gurgaon Sector 30, Near NH-8, Gurgaon – 122002. Sub: faulty handset-deficiency of service-compensation claim of 2 lakhs- legal action-reg. Under the instructions from my client Mr. Sasanka Bhuvanagiri, S/o late B. Chandra Sekhar, Advocate, High court of judicature at Hyderabad for the state of Telangana and State of Andhra Pradesh, R/o H.No. 5-9-9/33/1, Nawabath Pahad, opp. Birla Planetorium, Saifabad, Hyderbad 500004, you are hereby addressed as follows. That your company is the manufacturer of the Htc Desire 826, dual-sim, model mobile phone, bearing Serial No. CC53WYG05112 and IMEI No’s [protected] and [protected] bought by my client. The product was bought from A.G Mobiles, Abids, Hyderabad for a consideration of Rs 23, 700/- on 29/4/2015, with a fond hope that the product will be of premium quality and there will be wonderful after sale service. There is a warranty of one year on the product as claimed by your company. The handset has manufacturing defects and developed problems from the first day of purchase itself. The phone took 5 hours to get full charge and would discharge rapidly at the rate of 2 % at a time. Apart from that it would get overheated like the radiator of a car and gave headache to my client even on normal usage for voice calls. Being a busy advocate, my client always stays outdoors and he suffered a lot due to fairly large amount of charge time. The battery was discharging rapidly even on normal usage. My client was surprised to know from one of his friends using the same model mobile phone that it would take less than two hours to attain full charge. That my client’s handset, developed multiple issues in the month of September, when he was out on an important work to Vijayawada. The top speaker of the phone stopped functioning and the receiver also functioned feebly. As a result of which he could not hear the ring of his phone and also the voice of the person speaking to him on phone properly. He had to ask thrice what the other person was saying even when he is indoors and when outdoors he couldn’t hear anything. He literally experienced hell from that day because there was complete stalling off his important work. He couldn’t listen to what his clients were saying and that affected his legal work a lot leading to pecuniary loss. The headset provided with the phone was also of inferior quality and stopped functioning within 3 months of purchase. That my client suffered a lot with the handset and he immediately took the defective phone to your HTC authorized service centre namely, TVS Electronics Ltd, LSY Estates, 1 St Floor, Lane Besides Chermas, Ameerpet Hyderabad, Pin Code-500018. For repair under warranty on 9th September, 2015. He explained to the personnel in detail all the problems in the handset like overheating, receiver problem, non functioning of top speaker, battery problem and the headset issue. The service center employee checked the mobile and said the issues raised were true and it would take one week for repair. My client was given a Ticket No. QAS[protected] by the service centre, acknowledging the receipt of the handset for repair. The service centre stated to my client that the headset could not be replaced by them because there was no stock, and if the stock arrives they would notify him. My client was not given any stand-by phone and he suffered a lot without one. He is a busy advocate practicing in the high court and he felt like a fish out of water without his phone. He somehow borrowed one cell phone from one of his colleague and started using it, during the time when his handset was out for repair. Since my client was not receiving any calls or messages about the status of repair from your company or the service centre and since more than 10 days have elapsed, my client called your company’s helpline number ‘[protected]’ to know the status of repair on 18th September. He was shocked to hear that his handset was ready on 15th of September itself and only software update was done by the service centre. But this fact was not informed by the service centre. Therefore he made a call to the service center on[protected] and asked the reason why they did not notify him, to which they apologized. As my client was a busy advocate and his court timings was till 4.15 and the service centre was far away, he visited the service center on[protected] to collect his device. When he received the device and checked it to see if the problems were rectified, he was literally perturbed to see that the handset which was given in mint condition bore scratches on the side panel of the device. The device also contained multiple images of the service center and unknown persons, which is a conclusive proof that the device which was given for repair, was used by the personnel there for their personal use. When my client’s phone was ready by 15th itself and it was not informed to him till 24th, that too only when he himself called them proves the fact that my client’s phone was mismanaged and misused. When asked about this, the service center people stayed mum. Moreover, none of the problems stated by my client with regard to the handset were rectified. The service centre personnel claimed that ‘Lower board” was changed by them and software was updated. But when my client called the HTC helpline number they said that only software was updated. There is inconsistency between the versions of your Company and your Authorized service centre which hints at fraud by the service centre. The handset remained faulty and there was no proper service from your company and the service centre. The handset took 5 minutes to charge by 1%, when my client tested it in the service centre. My client refused to receive the device in such a worn-out condition and asked explanation for the damage. The personnel in service center tried to convince my client, by misrepresenting that it is normal for the device to take 5 hrs for full charge and they tried their best to solve other problems. Despite that my client was defiant and insisted for proper repair of the device and change of the upper panel of the device which was damaged in the service centre. My client called your company’s service centre and stated that the problems were not rectified. The customer care executive spoke to the service center personnel and they generated another Ticket No.QAS[protected], which is for resubmission of the device. They assured that this time the motherboard will be changed and that would solve all the problems. My client’s issue was forwarded to the Escalation team and one Komal followed up the issue. Even this time no Stand-by mobile was given and my client suffered a lot mentally because his work got hampered and there was utter negligence and deficiency of service from your Company. My client couldn’t talk to his important clients because all his contacts were lost and messages were gone. Even the escalation team did not give proper information about the status for days and always were non serious in solving his issue. My client insisted for replacement of the device as it was spoiled due to the mishandling of the Authorized Service centre and they used it for their personal use. My client called your Helpline No. a dozen times for information as he did not have the Number of the escalation team and the phone No. of the service center was not working. But there were only apologies for inconvenience and no proper information or response from your side. My client was left in excruciating mental agony because of lack of information, deficiency of service, and inconvenience due to absence of his handset. Because of his unilateral efforts, my client came to a conclusion that Your Company didn’t even have the slightest responsibility towards your customer and has no interest in solving the problems of the customer. All that you are interested in only money making and when it comes to service you turn a blind eye and a deaf ear despite visible agony of the customer. That My client’s device was there in the service center from 9-9-2015 to[protected], i.e. for 36 days, and he called you over a dozen times to know about the status of the repair and also to appraise you of the fact that his handset was mishandled and misused by the Service centre and that you have the responsibility to provide quality service and replace his device due to your own fault. That my client received calls only 2 or 3 times from your escalation team and they didn’t give proper status about the repair. They didn’t even assure him that his device would be replaced. They always said that they are trying to contact the service center but due to technical issues they couldn’t this was the standard answer every time they called him and they never said, what really was the problem in providing speedy and quality service. Meanwhile his mental agony and suffering increased because his professional work got affected and there is pecuniary loss to him. You were not giving proper reply and there was colossal deficiency in service. He suffered a lot mentally having bought your device and seriously repents for taking that decision. He never thought that a very reputed multinational company like yours treats its customers in such a humiliating way. As a respectable advocate he felt sad that he wasted his hard earned money on your product. That finally there was no replacement of phone though there was deliberate misuse of his device, but you agreed to replace the side panel of the device. My client, who was already vexed up with your deficient services and reticent manner, agreed for that and went to collect his device on[protected]. The service center Manager and your escalation team assured him that all the issues with the mobile are solved as the mother board was changed. That my client who was to go on work to Vijayawada the same day collected the device from the service centre. He believed your words and felt happy that at last his agony was over, but later he found out that it was just paused, only to get intensified later. The faulty device along with your deficient service and callous approach towards customers left him nightmares. The problems of his device were not solved, and moreover additional problems arose after changing the motherboard. The repair was done is almost negligent manner. The phone started functioning poorly after repair. All the photos taken with the handset, using flash mode looked reddish, and the battery problems, heating problem, receiver problem remained same. The phone was hanging abnormally and is discharging rapidly after repair. The phone has literally become non usable for basic needs. Instead of repair it was spoiled further by your service centre and made my client’s life terrible. My client could not capture beautiful memories with his family on the eve of Dussera and Diwali because of worst service by your service centre and the defective handset. That my client brought his plight to your notice by calling your customer care on[protected] and explaining that the problems increased after repair. The customer care executive checked the status and placed a request for replacement since my client suffered a lot with faulty handset. But the hope of my client remained ephemeral when he called the customer care again after awaiting 4 days for call from your company. He was harshly told that his request for replacement was rejected by the higher authority and only repair was possible. When asked for reasons, you didn’t even care to answer. Then my client had an online chat with your Company’s support team and again his case was escalated to the Escalation team as usual, but again there was standard answer that only repair is possible. My client was deeply dissatisfied with such an obnoxious behavior by your company and callous approach towards the customer. He suffered 36 days without his handset and you could not properly repair it and spoiled it further. Instead of providing pleasant customer experience to my client you gave utterly deficient and unacceptable service to my client. Being a reputed Multinational Corporation, You refused to admit your incompetence in dealing with the issues of his handset and did not agree to replace it. My client was fed up with your worst service which is taking ages to complete and is in no mood to again submit his device for repair. Twice he has submitted his device for repair and not even a single problem is solved. Instead you increased the problems of his handset and are still only willing to repair the device. My client has lost faith in your company and also lost hope that his device would be repaired properly. Even the phone of the service centre is not working and there is no way to contact them, which left him clueless about the status of repair many times. You are only trying to buy time in the name of repair and subjecting him to mental agony and harassment. It is shameful that a reputed company like yours is resorting to such substandard approach in solving the problems of your consumers. If this kind of approach continues, your company products will pile up in shops, with no customers to buy them. Already my client was left without his handset for 36 days, because of your worst customer service and is still suffering with that handset. That you are even reluctant to compensate for such loss in the form of replacement, though he explained many times in detail about his suffering with that handset. Having spent his valuable money as a consumer in buying your product, it is his legitimate right to avail quality service as the amount for service was already charged by you at the time of sale. The service took months together to complete and was futile and being an advocate he has lot of tasks to do with his phone, which he could not do. He, being an advocate lost a lot of clients because of buying your faulty phone and experienced highest degree of agony as a consumer due to your deficient services. He had great monetory loss. He lost a lot of memories with his family also. Despite repeated requests for replacement, you have remained mute and insensate in solving the issues and accepting your deficiency. My client was met with such hostility from your side that he was deeply hurt at your behavior and response. His pain and suffering cannot be described in words. You are hereby called upon to replace the handset of my client and pay Rs/- 2, 00, 000/- as compensation to my client for loss of income, mental agony and harassment caused to my client because of you Company’s irresponsible approach to his problems and deficient services rendered to him, within 15 days of receipt of notice. You are also called upon to pay Rs 5, 000/- towards the cost of this legal notice. Otherwise my client will be constrained to approach appropriate legal forum and take legal action against you. [CH. RAVIKUMAR] H.No. 12-2-828/A/45, Upstairs, Amba Gardens, Second Right Lane after Amba Theatre, Mehdipatnam, HYDERABAD – 500 028.