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| Website: | : www.micromaxinfo.com/contact-us.aspx |
Suit notice under consumer protection act
From
T. Jayakumar
Keezhcheri illom
Amunthuruthimadom
Thekkumkara, nedumangad -695541
Mobile -[protected]
Email - [protected]@gmail.com
To
1) manager, customer relations
Micromax house
90b, sector-18, gurgaon - 122015
Micromax
2) m/s service manager,
Micromax care, pattom, kurunganoor junction, thiruvananthapuram, kerala 695004, india
Dear sirs,
Sub :_ compensation for violation of warranty terms with respect to micromax smartphone model no. Q4260 purchased through flipkart - issue of suit notice – reg
Please note that i am a consumer coming under the purview of section 2 (D) of consumer protection act, 1986. I had purchased a smart phone, micromax evoke power model number q4260 (Imei no. [protected]) through flipkart (Order id-od[protected] item), order date, tue, jul 4th '17 1:23 pm, total amount, ₹6, 999through cash on delivery) and received the product on 7/7/2017.
As per the terms of warranty, the product has 1 year warranty against all malfunctioning and manufacturing defect. The company has claimed that the corning gorilla glass along with its 2.5d curved glass of the mobile phone ensures durability and protection from scratches.
However, on 2/8/2017, the product fell down accidentally and its screen mirror broken at its edge. But the mobile phone was still in working condition. When i approached the micromax care at pattom, trivandum, they demanded rs 4000/- as service charge for rectifying the defect. Since the amount was exorbitant, i approached m/s micromax care at neyyatinkara. They rectified the defect. How ever they charged me rs 3500/- for replacing the display panel. (Vide receipt no. 870 dated 12/8/2017 of micromax care, adhenz, nmc xii/4a2, 2nd floor, swadeshabhimani shopping complex, neyyatinkara, tvm 695121 (Phone[protected].
Now, today 8/9/2017 at 10am the above said handset went off suddenly and since then the same is not in working condition. When i approached the micromax care at pattom, the service personal told me that they were not bound to abide by the warranty condition and demanded exorbitant rate for repairing the same. They said that handset was short circuited itself due to the rusting of charge pin of the handset and said that rusting was due to presence of water content in the atmosphere and that no warranty is available to me for the said defect and demanded exorbitant rate for repairing the same.
I suspect that the rusting of the charge pin is the result of substandard components used at the time of manufacturing the product. The company ought to have used rustproof material at the charging pin. The company failed to ensure enough waterproofing against possible short circuiting at the charging pin.
I am dissatisfied with working of micromax evoke power model number q4260 (Imei no. [protected]) and due to the bad working of the set, i have suffered a lot of mental agony. Since the date of purchase i have spent rs 6999 (Towards the price of the mobile phone) +rs3500 (Towards the repairing charge paid to m/s micromax care, adhenz, nmc xii/4a2, 2nd floor, swadeshabhimani shopping complex, neyyatinkara, tvm 695121 (Phone[protected]Vide receipt no. 870 dated 12/8/2017).
Please note that i am not in a position to spent more money on this defective smart phone for again making the same in working condition.
In the above circumstances, i am constrained to sent this notice to repair the said mobile phone without charging any amount towards repairing charge or any other hidden charges.
Hence it is requested that you may either repair the said mobile phone within the ambit of warranty condition or if it is not possible, replace the same with a new one of the same model.
Unless you repair the said mobile phone or replace the same with a defect free mobile phone of same model, free of cost, with in 14 days from the date of receipt of this notice, i am prepared to approach the consumer redressal forum trivandurm for upholding my rights as a consumer and also for compensation for an amount of rs 50, 000/- towards mental agony and other consequential relief.in that event you alone will be liable for all the legal consequence arising out of the violation of warranty condition of the said product.
It is also inform you that i am ready and willing for an amicable settlement, if you rectify the defect of the said mobile phone free of cost with in 14 days from the date of receipt of this notice.
Expecting a positive response from you at the earliest.
Yours faithfully,
8/9/2017 t. Jayakumar
Thiruvananthapuram
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