| Address: Vle Bazaar Private Limited, X-52 DLF PHASE 2, NEAR CYBER CITY, GURGAON 122001 |
To Phagwara, July 8, 2023
Vle Bazaar Private Limited, Through its Authorised Signatory/Managing Director
X-52, Dlf Phase 2, Near Cyber City,
Gurgaona-122001
E-mail: [protected]@vlebazaar.in.
SUB:
1. FAILURE TO DELIVER NEW PHONE, FRAUDULANTELY DELIVERED OLD GARBAGE DUMPED PHONE NOKIA 105 AGAINST NOKIA 105 PLUS (NEW PHONE) ORDERED.
2. EITHER TO REFUND MONEY COLLECTED FROM CONSUMER OR TO SUPPLY PRODUCT BOOKED AS PER PURCHASE ORDER.
Shipping address: Rajneesh Madhok, B-xxx/63, Nehru Nagar, St. No. 2, Railway Road, Phagwara-144401 (Pb) Ph: [protected]
Sir,
Kindly look in to the matter regarding complaint being lodged in Consumer Disputes Redressal Commission Kapurthala regarding deficiency in Service as you failed to deliver the product ordered-- New NOKIA 105 Plus Mobile Phone booked by you after taking 100% (full payment) for supply of New Phone .
PARTICULARS ITEM BOOKED DEFICIENCY OF VLE BAZAAR PRIVATE LTD https://vlebazaar.in/
MODEL NUMBER NOKIA 105 PLUS NOKIA 105 withot features of Nokia Plus
AMOUNT COLLECTED RS 1, 049/- THROUGH PAYTM ITEM SUPPLIED WORTHLESS HAVING NO VALUE A THROW OUT PIECE COLLECTED FROM GARBABE.
INVOICE GENERATED INV[protected] VIDE Order ID: #2275368 dated 24.06.2023 SUPPLIED WITHOUT MENTIONING DETAILS OF INVOICE NUMBER AND WITHOUT IGST CHARGED AMOUNTING TO RS 186.19
PURCHASED ORDER PLACED NEW SET OF NOKIA PLUS SUPPLIED OLD/REFURBISSED SET OF NOKIA 105 WITH MANY FAULTS
DATE OF MANUFACTURING ITEM LAUNCHED IN INDIA ON 26TH APRIL 2022 VIZ. NOKIA PLUS [protected] THE DATE WHEN THE ITME HAS NOT BEEN LAUNCHED IN INDIA.
DESCRIPTION OF MODEL MODEL DESCRIPTION SHOWN IN THE MOBILE HAND SET IS OF NOKIA 105 Model Number: Nokia 105
Language :MH
1000, 17.00
[protected] –Date of Manufacturing
TA-1423
(C) Nokia
Pcode23AST23IN00
DESCRIPTION BOOKED NEW SET BUT SUPPLIED OLD/REFURBISHED SET Serial No: [protected]/1
PSN
ASTIS[protected]
SUPPLIED PRODUCT PROMISED COMPANY’S SEALED PRODUCT UNSEALED PRODUCT SUPPLIED
PACKING DECRIPTION REGARDING PRODUCT DESCRIPTION ON THE OUTER BOX REGARDING NOKIA PLUS PRINTED NO DESCRIPTION REGARDING NOKIA 105 PLUS DESCRIPTION ON THE BOX AND IN THE LITERATURE SUPPLIED
FM RADIO WIRELESS PROMISED, MP3 PLAYER WITHOUT HEADSET NO WIRELESS, NO PROVISION TO LISTEN NEWS, SPORTS AND ENTERTAINMENT WITHOUT HEADSET. HIGH LOUD WHISTLING ONLY WITHOUT HEAD SET, CANT CARRY NOT EVEN A SINGLE SONG, NO MP3 PLAYER
BATTERY PROMISED 1000 mAh WHICH LASTS FOR DAYS WITHOUT CHARGING 18 DAYS ALMOST EXHAUSTED BATTERY 800 mAh that EXHAUST WITHIN FOUR HOURS WITHOUT CHARGING.
STAND BY TIME PROMISED 18 DAYS CAN NOT STAND FOR ONE DAY EVEN
TALK TIME PROMISED 14 DAYS EXHAUST IN MAXIMUM 3 HOURS
OUTER DESCRIPTION ON BOX DESCRIPTION OF NOKIA 105 PLUS NO DESCRIPTION ON BOX FOR PRODUCT SUPPLIED
FM RADIO WIRELESS REQUIRED WIRE WITHOUT WIRE THE LOUD WHISTELING.
RECORDING FACILITY AUTOMATICALLY RECORDING PHONE CALLS FACILITY NO SUCH FEATURE AVAILABLE IN OLD/DISCARDED PHONE SUPPLIED.
IN THE BOX MICRO USB CABLE NOT SUPPLIED
CIN NUMBER U7230000D2015PTC277604
Item supplied through SHIPROCKET
Sir,
It is a matter of great sorrow that you are playing with the sentiments of the consumers and providing deficient service and failed to deliver the item of Nokia Mobile Phone 105 Plus New Model and supplied old out-dated and thrown out phone lifted from the garbage to the consumer THAT GOT MANUFACTURED FOUR MONTHS BEFORE THE LAUNCHING OF THE PHONE NOKIA 105 PLUS IN INDIA. Being a consumer as defined in Section 2(d) of the Consumer Protection Act, 1986. I serve you the Legal Notice either to refund my money collected by you or exchange old/discarded and phone lifted from garbage to NEW NOKIA MOBILE PHONE 105 PLUS to avoid further litigation in the matter. Kindly note that you are involved in Monopolies and Restrictive Trade Practices Act 1969 and so you are requested with folded hands either to refund my money or to exchange with new mobile phone to avoid further litigation in the matter. In case you failed to deliver the new product as per order the claim alongwith compensation of physical and mental agony will be claimed by filing a complaint in the Consumer Disputes Redressal Commisison Kapurthala against you will be filed as you failed to supply the item booked pursuant to the order placed to you and in that circumstances you are involved in civil and criminal offence and so the Civil and Criminal case will be lodged against you with accrued interest, compensation and litigation cost and a Criminal case will be filed against you in City Police Station Phagwara as you are indulged in fraudulent activities.
So, at this stage it is better for you either to refund my amount of Rs 1049/- collected by you or to exchange the product with New Mobile Phone Nokia 105 Plus within two weeks of serving of this Legal Notice. Otherwise I shall be constrained to file Civil as well as Criminal complaints against you as you are fraudulently indulged in malpractices and there are so many complaints against you on the website and you are doing such type of malpractices from the so many years.
AS after depositing the money with you in advance you have indulged in deficiency in service in terms of Section 2 of Consumer Protection Act 1986 and at this stage you are requested to amicably resolve the matter otherwise the consumer will be constrained to approach the Civil and Criminal courts under the relevant provisions of law as you know that keeping money collected fraudulently is a criminal offence and secondly it is a Civil offence and criminal offence and deficiency in service as per Section 2 of the Consumer Protection act is quite evident to which I have right to invoke the jurisdiction of the competent Forum.
It is further to be mention here that as per the various landmark pronouncements of National Commission as well as State Commissions of various States, in the said facts and circumstances you are liable to be prosecuted and also liable to the damages and interest and compensation and litigation cost thereon.
In the light of the above facts and circumstances I do hereby call upon you which I hereby do and call upon you, to either refund my money collected by you or exchange my mobile phone with Seal packed New Mobile Phone to avoid further litigation in the matter within 15 days from the date of the present legal notice, failing which I will be having clear opinion and to invoke the proper forum under the relevant provisions of law against you.
Kindly note that you have booked the New Mobile Phone NOKIA 105 PLUS in the provisional Supply order and you supplied OLD discarded Mobile Phone lifted from garbage to me and you failed to comply with the terms and conditions of Booking as per agreement and you supplied the product in an old box which was already torn out. Kindly note that you should refrain from mis-conceived litigation procedure idea that where the Suit will be filed. The Civil and Criminal complaint will be filed against you in District Kapurthala’s jurisdiction. You are indulged in illegal and malafide intention to cheat the customers and this way You are cheating with dishonest intention and have been misappropriating their hard earned money whereby causing huge loss, mental agony to all of your customers those have lodged complaints against you in the Social websites and platforms and they have provided repercussion to your fraudulent behavior.
I therefore through this legal notice advise to you to immediately hand over the New Nokia 105 Plus Mobile Phone to me failing which I shall be constrained to initiate legal proceedings both civil and criminal before competent court of law/forum and in that event you will be liable for its cost, risk, and consequences.
Kindly note that you have made violations of Section 36-A(1)(i), (ii) and (ix) of the Monopoies and restrictive Trade Practices Act, 1969 so Section 12B of the MRTP Act which deal with compensation. The Complaint under Section 12B--Power of the Commission to award compensation will be lodged against you and I shall pray to the Hon’ble Court for compensation under the realm of Law of Torts as well.
Now it is requested to you to kindly refund my money amounting to Rs 1049/- or exchange New Nokia 105 Plus Mobile Phone to avoid further litigation in the matter otherwise the consumer will have to incline to examine the matter with reference to the alternative procedures to recover the loss met with supply of defective/old and garbaged product supplied by you and collected the money for New product. If you are still refusing to accept the offer of refund or exchange with new product it will be proved that you are desirous of indulging in the litigation so I have to adopt the alternative remedy to file Civil and Criminal Complaint against you. As said and iterated hereinabove such a proposition of awarding compensation, interest and cost of the product with mental and physical agony and litigation cost will be borne by you if you failed to act wihin 15 days of serving of this Legal Notice.
Yours sincerely,
(Rajneesh Madhok)
M.Com. LL.B., DFS, LL.M (Criminal Law)
Advocate, B-xxx/63, Nehru Nagar, St. No. 2, Railway Road,
Phagwara-144401 (Pb)
Ph: [protected], [protected], E-mail: [protected]@yahoo.com
Phagwara: July 08, 2023
