consumer

The complaint notice speaks for itself.
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Without Prejudice
From the desk of :-
Himanshu Garodia
52/1, Hazra Road, Kolkata- 700029
Cell: 09433932704 e-mail: [email protected]
Date : 21-12-2013
By Registered Post / Speed Post / E-Mail
To,
M/s. Micromax Informatics Limited, a company incorporated under the provision of the Companies Act 1956, having its office at: 21/14A, Phase -ii, Naraina Industrial Area, Delhi-110028 and its customer care office at: 90-B, Sector-18, Gurgaon, Haryana- 122015 and represented by its directors and office bearers as per MCA records as follows:-

1) VIJAY KUMAR GUPTA (Director)
1048/1, HIG Flats, Sector-39B, Chandigarh, 160036, Chandigarh, INDIA

2) AMIT BURMAN
E-83, PASCHIMI MARG, VASANT VIHAR, NEW DELHI, 110057, Delhi, INDIA

3) SUMEET KUMAR (Whole Time Director)
A-1/20, Sector – 8, Rohini, New Delhi, 110085, Delhi, INDIA

4) RAJESH AGARWAL (Whole Time Director)
B-312,, Saraswati Vihar,, New Delhi, 110034, Delhi, INDIA

5) RAHUL SHARMA (Managing Director)
H NO 713 BLOCK A, SUSHANT LOK 1, GURGAON, 122002, Haryana, INDIA

6) Vikas Jain (Whole Time Director)
B – 1/118, IInd floor, Block – B1, Paschim Vihar,, New Delhi, 110063, Delhi, INDIA

7) MOHIT ANAND BHATNAGAR (Nominee Director)
A – 1/19, Shanti Niketan, New Delhi, 110057, Delhi, INDIA

8) Ghyanendra Nath Bajpai (Director)
131, Shaan Apartments,, K.D. Marg, Prabhadevi,, Mumbai, 400028, Maharashtra, INDIA

9) MAHENDRA SWARUP (Director)
C-7, PASCHIMI MARG, VASANT VIHAR, NEW DELHI, 110057, Delhi, INDIA

10) NAVEEN WADHERA (Nominee Director)
THE GARDEN FLAT, 6 ROLAND GARDENS, LONDON, SW73PH, , UNITED KINGDOM

11) ANITA GOEL (Secretary)
FLAT 287, DDA SFS FLATS,, POCKET 1&2, SECTOR-3, DWARKA, NEW DELHI, 110045, Delhi, INDIA

contd……

Dear Sir / Madam,

Subject : Notice for all valid purpose

Ref: Defective Mobile Hand Set Micromax A-250 and non-response to customer’s grievances causing immense financial losses and mental trauma.

Greetings!

I, Himanshu Garodia of 52/1, Hazra Road, Kolkata- 700019, had purchased one Micromax A-250 Canvas Turbo Mobile Hand Set (Blue Color) with IMEI No. 911334750634272/911334750838279 from online store M/s. Flipkart seller M/s. Supersaver E-Commerce Private Limited, Pune, Maharashtra, vide their invoice No.SL/13-14/3841 dated 27-11-2013 for Rs. 19025/- (Nineteen thousand twenty five only), after getting impressed by the features and quality of the phone as advertized by your organization to promote sales.

As the said phone requires micro sim card and I had none when the said was delivered to me by ARAMEX, I did not use the phone then.
On 15th December, 2013 I got my sim cut to fit the sim slot size in the phone and started using the phone from 16th December, 2013.
A fact which can be verified by getting Call Detail Report from the operator, wherein IMEI No. is shown.

Since the very first use the phone started mal-functioning with symptoms such as system hang, sudden switching off despite full battery, erratic touch and sudden collapse/ non-function of touch screen, erratic and fluctuating screen brightness.

I asked my well wishers to contact the site selling the product i.e, M/s. Flipkart and enquire about the process of return for replacement.
The seller advised contacting the store selling the product i.e, M/s. Supersaver E-Commerce Private Limited, whose contact details such as telephone number and or email could not trace by me with means available to me. Only contact address is printed on the invoice.

Then after long search over the net I found the contact e-mail address of M/s. Micromax Informatics Limited as [email protected].
I sent detailed mail, but have not heard or received reply from them till now. Then I found another contact e-mail address as [email protected], I again sent detailed mail but no reply has been received till now.
Then I found out a telephone number as customer care helpline 1860 500 8286 but no one picked up the phone and it ended with a message available from Monday to Saturday 10.30 to 05.30.

Then I called up 0124-4811000 and my call was auto received by epabx system asking me to dial extension number of executive with whom the caller wished to speak but I have no inkling about any executive’s extension number as it was my first call. No telephone operator picked up to assist.

Then I called up another customer care No.011-44770000, it was received by an executive who advised me to take the phone to a service centre located somewhere in Madhyamgram, North 24 parganas to which I told the executive attending the call that it was almost 50 kilometer from my residence and would take no less than three hours to reach that place.

I pleaded with him to find out if there was any other centre in Kolkata which could help me get redressal, on which he sms me an address of one service centre in Lenin Sarani and further told me that the set would be repaired but replaced. I was shocked and asked him why it would be repaired and not replaced as it was under warranty and had symptoms of acute manufacturing defect, furthermore it was a premium product with quite a handsome price. The reply to this was more shocking “It is company Policy” and hung up.

Then not being able to locate the right person due to non-cooperation from customer care executive of Micromax,
I decided to try to attempt contacting the company executives from social media website page like facebook. I posted my problem and concern.

Then after several more hours of research over net I found out an email address as “[email protected]” on sending several mails all I could get was one more service centre address and a mail saying replacement warranty is available only for period of seven days from date of invoice hence it would be repaired only.

I tried to explain to the executive sending the mail that usually the online seller stores takes anything between 2-10 days in delivery of products to its consumers then how would this replacement warranty work. But no concrete reply has been received by me so far.

I not only feel misguided by your company’s false sloganeering and statements in its advertisement inducing me to buy the products but also feel cheated by your company with its namesake replacement warranty which in reality is only on papers with ridiculous and almost impossible terms.

I have not only suffered huge financial losses directly by way of cost but also by way of important calls I am missing due to malfunctioning of the phone.

I am also undergoing extreme mental trauma and humiliation by way of your company’s response and rude behaviour by not giving proper replies to my queries and avoiding my calls.

You cannot expect your customer to buy unwarranted stress by way of buying premium products at a handsome price.

I have not paid Rs.19025/- to live the mental trauma of buying a defective product for the period of life of the phone.

I seek immediate replacement of the hand set with a new and fully functional hand set duly quality checked by your company with apology for the pain, trauma, inconvenience and humiliation suffered by me along with cost in terms of money, time and energy in trying to contact you.

I call upon you to look into this matter and resolve it at an earliest before I am compelled to initiate all available legal recourse as advised by my legal counsel at your risk and cost.

I believe good sense shall prevail and you would not like to add a new name in the list of your dissatisfied customers.

This may please be treated as notice for all valid purpose.

Thanking you,
Yours sincerely,

Himanshu Garodia, 21-12-2013, Kolkata