Dear Sir/Madam,
I, R.R. Kasar, residing at NL-6-4-9, Sector 15, Nerul (E), Navi Mumbai - 400706, am a consumer as defined under the Consumer Protection Act, 2019. I purchased a water purifier from your company, Livpure Private Limited, under a subscription plan on 11th July 2023. Despite numerous complaints and repeated requests, your company has failed to provide the promised services and has not taken appropriate action to resolve issues related to the defective product. This failure has resulted in significant mental and physical distress to me and my family.
Details of Purchase & Installation:
• Subscription Date: 11th July 2023
• Invoice No.: 23-24/926579/2829795
• Deposit Paid: Rs. 1499/-
• Monthly Rental Charges: Rs. 349/-
• Annual Subscription Fee Paid (on 11th August 2023): Rs. 4188/-
• Invoice No.: 23-24/926579/2959243
• Compensatory Annual Subscription (post legal notice dated 10/02/2024): Rs. 6573.59/- (Invoice No.: 23-24/926579/3778338)
• Monthly Subscription Recharge (22nd August 2024): Rs. 499/- (Invoice No.: 24-25/926579/4581661)
• Serial No. of Water Purifier: D8JW[protected]
• Registered Mobile Number: [protected]
Defects and Complaints:
1. Defective Cover on Installation:
Upon installation, I noticed a defective cover on the water purifier, which was immediately reported to your technician. However, no corrective action was taken.
2. Insects in Water Storage Tank (22nd January 2024):
On 22nd January 2024, I found insects floating in the water storage tank of the purifier ( photos attached). This issue was directly caused by the previously reported defective cover.
3. Complaint via Livpure App (22nd January 2024):
A formal complaint was filed through the Livpure app on 22nd January 2024, which was wrongfully cancelled on 23rd January 2024 without any explanation.
4. Failure to Attend to Complaint (27th January 2024):
Despite assurances that a technician would visit on 27th January 2024, no one attended, and no corrective action was taken, despite multiple follow-ups.
5. Legal Notice Issued (February 2024):
A legal notice was served to Livpure due to the ongoing issues. Following this, the defective machine was replaced on 22nd February 2024, and an Annual Silver Plan was activated as compensation for the physical and mental harassment endured.
6. Subscription Issues (August 2024):
Despite the replacement and the promise of an extended service plan, the machine stopped working on 10th August 2024 due to recharge/subscription-related issues. Despite multiple requests, no resolution was provided.
7. Cancellation Request (September 2024):
After continuous follow-ups, I requested the cancellation of my subscription and refund of the deposit. On 30th September 2024, I received an email (Ticket No.[protected] offering a general apology but no concrete solution. On 1st October 2024, I was informed that the issue was “still in follow-up” without any timeline or resolution.
Available Evidences and Supporting Documents:
• Invoices as mentioned above.
• Photographs of insects
• Telephonic Call recordings
Violation of Consumer Rights under the Consumer Protection Act, 2019:
As per the Consumer Protection Act, 2019, I am entitled to:
• Goods free from defects (Section 2(10))
• Services as per the promised standards (Section 2(11))
• Protection from unfair trade practices (Section 2(47))
Your failure to provide a functional product, coupled with your lack of timely service and resolution, constitutes:
• Deficiency in services under Section 2(11) of the Act.
• Defective goods under Section 2(10).
• Unfair trade practices under Section 2(47), including misleading assurances and non-resolution of the complaint despite repeated reminders.
The presence of insects in our drinking water not only violates our religious beliefs but also exposes us to significant health risks. This situation has caused severe emotional distress, physical discomfort, and a violation of my fundamental right to health under Article 21 of the Constitution of India.
Mental and Physical Harassment:
The continuous failure of your company to address the defective product, coupled with the unprofessional handling of my complaints, has caused:
• Emotional distress due to consumption of contaminated water.
• Health risks posed by drinking polluted water.
• Financial burden from having to purchase bottled water since 22nd January 2024.
• Prolonged inconvenience caused by repeated follow-ups and non-resolutions.
Demand for Immediate Resolution:
In light of the above, I hereby demand the following:
1. Full refund of the deposit, monthly rental charges, and annual subscription fees paid.
2. Compensation of Rs. 50, 000/- for emotional distress, health risks, and additional expenses incurred due to your negligence.
3. Immediate action to resolve this matter within two days from the receipt of this notice.
Legal Consequences Under the Consumer Protection Act, 2019:
Failure to comply with the above demands within the stipulated period will compel me to take legal action against your company, which may include:
1. Filing a complaint before the Consumer Disputes Redressal Commission under Section 35 of the Consumer Protection Act, 2019.
2. Seeking compensation, interest, and damages for deficiency in services, unfair trade practices, and mental harassment under the provisions of the Act.
3. Pursuing action for violation of fundamental rights under Article 21 of the Constitution of India due to the health risks caused by contaminated drinking water.
Should your company fail to respond within the stipulated time, I will also consider bringing this matter to the attention of the media and relevant government authorities to raise public awareness.
This notice is issued without prejudice to any other legal rights or remedies available under law.
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