| Website: www.tatamoters.com. |
Sir, i have send a pleader notice to said Tata Motors which has been duly received by said institution on dated 06.10.2015 through Speed post. My client Rashmi Meher own bumper prize from one Style Bazar, Bargarh and she also paid money to him. But said Tata Motors, Bargarh supplied a second hand defective Nano Car. all papers for the said is available . Criminal action and other legal action will be taken against said Tata Motors, Bargarh. A copy of the the said Pleader Notice send for taking necessary action at your end. With much hope.
TO, SPEED POST
1. The Proprietor, Style Bazar, Bargarh.
At- Gandhi chowk opp. Gaushala, Bargarh,
P.O/P.S/Tah/Dist- Bargarh, Pin-768029.
2. The Proprietor, Laxmi Sales & Service (p) Ltd, Tata Motors.
At- Sainya Canal Avenue, N.H.-6 Bargarh, P.O-Gudesira,
P.S-Bargarh Sadar, Dist- Bargarh.
Sir/Madam,
Under instruction of my client Rashmi Meher, aged about 33 years, Wife of Parameswar Meher, At- Ward no-10 near Radha Krishna Temple, Bargarh, P.O/P.S/Tah/ Dist- Bargarh, (M)[protected] I serve you this pleader notice to you as follows-
1. That, you the noticee no-1 is the owner of style Bazar Bargarh has established a shop and are doing business of selling of wearing apparels with other household articles. The said shop was opened on dated 25.05.2015. For your grand selling you displayed hoardings in conspicuous places of the Bargarh Town so also other peripheral areas showing bumper prizes of Nano car, Samsung led TV, Refrigerator, Washing machine, Air cooler and others articles will be given to those particular persons who will purchase a particular amount of goods and in respect to their purchase you were allotting a coupon and on dated 30.06.2015 was the date fixed for the draw of the said Bumper prize through coupons . On your personal assurance and influenced by your such advertisements and allocation of Bumper Prize my client purchased wearing apparels from your counter for which you allotted coupons to my client as per her purchase. The draw of the said Bumper Prize was conducted in your said counter on dated 30.06.2015 and my client secured first in the list of said Bumper Prize winners. As per your advertisement and assurance a new NANO CAR was to be handed over to my client. Accordingly after the said Bumper draw you made advertisement in the shape of congratulation to all your winners on the daily news paper ‘The Sambad’ on dated 08.07.2015( Wednesday) in page-17 of the Regional page under Sambalpur edition.
2. That, you the noticee no-1 made a mobile call to my client and asked for the said issued coupon and made welcome to have won the said Bumper Prize of New Nano Car. You, my client and other taken photographs in your counter showing to handover the key( imitation key) of the Nano car. When my client through his relatives handed over you the coupon you said my client to deposit a worth of Rs 48, 000/( forty eight thousand) towards gift tax for the said new Nano car . on good faith my client deposited Rs 48, 000/- to the address supplied by you through Demand Draft bearing no- 415047 on dated 04.07.2015 and handed over the said D.D. to you and you also issued a receipt showing draft no and amount for lucky draw purpose.
3. That, you the noticee no-1 advised my client to make contact with the noticeee no-2 to receive the said new Nano Car accordingly my client along with her brother-in-law Hrusikesh Meher went to the noticee no-2 as you noticee no-2 is the proprietor named in the address column designed to sell the commercial and passenger vehicle dealer and deals in all type of Tata Motors vehicle in the Bargarh town. You the noticee no-2 delivered the possession of a Nano Car along with sale certificate bearing dated 11.07.2015 . In the said sale certificate the temporary address of the my client was written as s/o- Kunjabana Prusti near Radhakrushna temple, Bargarh instead of the address of the noticee no-1 as he is the authorized for the same none else. You the noticee no-2 also received Rs 11, 250/-(eleven thousand two hundred fifty) through receipt no- 24601 on dated 11.07.2015 from my client towards charges of the Registration of the vehicle before R.T.O. Bargarh. On good faith my client received a Nano car bearing Engine No- 273MPF107HXYK58694, Chassis No-MAT612226CKH58497, Month and year of manufacture- August, 2012, Colour – Neon Rush . Said car shown defective on the same day after delivery while plying by my client for which she made complaint to you the noticee no-2 . In the mean time said Nano car shown defective for which my client made complaint to you repeatedly so also to the Noticee No-1 . On dated 10.08.2015 the first servicing of the said received Nano car was conducted in your workshop and your good servicing office issued a Retail Invoice to my client where in the name of one Bhubanswar Prusti, S/O- Kunjabana prusti, At Phuldimunda, P.o-Ghunsar, P.S/Block- Khaprakhol, Balangir having detail address and mobile number was there in stead of the name of my client and her detail address and the temporary address of the noticee no-1 and prior to the registration of the said vehicle in the name of my client said car was insured before the New India Assurance company which needs to be scrutinized and which created suspicious and apprehension in the mind of my client that the noticee no-1 and 2 both in connivance with their guilty intention playing fraud upon my client have cheated my client and have allotted a old second hand defective Nano car to my client instead of new one as assured earlier which is purely comes under cheating and unfair trade practices .
As per detail address given in the said retail invoice my client made contact with the addressee noted in the retail invoice dated 10.08.2015 and found that the said Nano car is nothing but a second hand one and for which the machinery defect is going on to the said car.
4. Not only this the R.T.O, Bargarh send to my client the Registration Certificate and smart card showing the name of my client as Rashmi Meher, S/D/W- Kunjabana Prusti although there is no any relationship of my client with said Kunjabana Prusti . My client again rushed to the noticee no-1 and also noticee no-2 for the said issue but you both the noticees again in connivance with the R.T.O.Bargarh managed to make necessary correction in the said Registration Certificate and smart card and again the correct papers reached to my client from the R.T.O.Bargarh through post. From above defects and from other sources my client came to know that the issued Nano car is a old defective second hand one. Thereafter my client repeatedly made complaint to the noticee no-1 and 2 to replace the said second hand defective vehicle. But you both kept silent on the issues.
5. That, you both the noticeees have personated, cheated, played fraud and caused mischief and made unfair trade practice on my client. My clients has also been harassed from your conduct.
Therefore I call upon you both by this pleader notice that you replace the said defective second hand old Nano Car and handed over a new Nano car to my client or pay in cash rupees of the rate of the new Nano car or make settlement with my client upon the above issue within 15( fifteen) days of receiving of this pleader notice or else I have been instructed to initiate Criminal/ Civil/ consumer or any other case against you both to provide proper relief to my client. You will be liable for all necessary expenses.
A copy of this pleader notice is kept in the office file for future use.
Hope for better response.
Manoj Kumar Pattanayak.
ADVOCATE, BARPALI.