Returns and Refund

can you please review my application, and comment for completeness so that i can file a case against the company..

below is my complaintBEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT PUNE

COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.
IN THE MATTER OF :
Mr. Naved Akhtar
Address: – 175 Konark Appartments
Flat no. 17 floor no. 3
Dhole patil road, behind hotel kapila
Pune 411 001
Mobil No.:- 9423116980
8805612697
Email: – [email protected]

VERSUS

Mr. SureshL Goklaney
Vice Chairman & Managing Director
Eureka Forbes Limited
Corporate Head Office,
B1/B2, 701, 7th Floor,
Marathon Innova,
Off. Ganpatrao Kadam Marg,
Lower Parel,
Mumbai 400 013.
Tel.: +91 22 30449700, +91 22 30449841, +91 22 30449864, +91 22 30449888,
Fax: +91 22 30449701
Help line: 3988 3333, 18602661177

1. INTRODUCTION:

I Naved Akhtar residing at the address mention above, working with private limited company at pimpri, pune.

I had purchase the AQUAGUARD ENHANCE UV water purifier online through eureka forbes website, the company corporate and head office located in Mumbai as mention above.

2. TRANSACTION :

1. Purchase Mode full payment, online purchase from http://www.eurekaforbes.com/
2. Transaction ID 8010023111340610
3. Authorization Code 095904
4. Customer ID 8000005207
5. Product Name AQUAGUARD ENHANCE UV
6. Quantity 1
7. Amount (in Rs.) 12490 INR
8. Transaction
Date and time 2nd March 2014 1:13:58 PM
9. Invoice Number 4113115113
10. Date 12.03.2014
11. Order Number 411100025
12. Date 03.03.2014

3. DEFECT/DEFICIENCY:

Due to deficiency in service of installation of water purifier, I have taken a decision to return the product to Eureka forbes and ask for refund as per there “Returns and Refund Policy”

After the purchase next day I have a call from eureka forbes asking me whether the product has been deliver or not so that according technician visit can be plan to fix the purifier.
As far as I remember the product has been delivered in three to four days, there after I called to eureka forbes to inform them that the product has been delivered and send technician for the installation, then I have a call from technician asking me to inform when I have to visit for installation, I told him that I would like to installed it on wall , he told me to call eureka forbes to arrange the stand for mounting the water purifier, so I have informed. But there after I haven’t got any communication from them, so I have decided to call customer care for return of product then as informed by customer care representative I have written a email to shopping @eurekaforbes.com, to initiate the process of return and refund, there after I am getting calls from there representative that we will fix the purifier, but by the time I have decided to return the product.

Company is not interested to refund the product and the “30 Days Money Back Guarantee” time has been elapse then I am writing them to refund the amount and provide me the interest on the delay of refund.

I have also served them a notice before filling the legal complaint. “NOTICE BEFORE FILING CONSUMER COMPLAINT” same has not been entertained by them.

I had a talk with eureka forbes representative but they are turn down may words and saying that this is not possible and there is not such policy, even I have given the reference of their website wherein it is clearly mention that “30 Days Money Back Guarantee”

There after I have written around 11 to 13 email but no reply from them, even the notice have been served via hard copy as well as by email.

4. RECTIFICATION:

I had approach them via every possible way but it all goes in vain.

Several emails have been written to following email ID’s, but there is no response.
[email protected]
[email protected]
[email protected]

There are number of calls made to helpline number/customer care for registering my compliments for refund and
return, they registering my complaint and sending their representative for installation.

Tel.: +91 22 30449700, +91 22 30449841, +91 22 30449864, +91 22 30449888,
No one take a call on above numbers, except helpline number.
Help line: 3988 3333, 18602661177

There representative came to my house for convincing me to have a installation, but I have turn down there offer as I am afraid because before installation they are giving me lot of problems then after installation I will face much more trouble.

5. EVIDENCE:

Annexure A Copy of advertisement on web site that promised the concerned goods and services.
Annexure B Copy of email as evidence of purchase, mentioning the details of purchase.
Annexure C Copy of invoice as evidence of purchase.
Annexure D Copy of emails sent to the eurekaforbes to request for Returns and Refund.
Annexure E Copy of NOTICE BEFORE FILING CONSUMER COMPLAINT.
Annexure F Copy of postal acknowledgment of NOTICE BEFORE FILING CONSUMER COMPLAINT.
Annexure G Copy of registered post of NOTICE BEFORE FILING CONSUMER COMPLAINT

6. LIMITAIONS:

That the present complaint is being filed within the period prescribed under section 24A of the Act.

7. RELIFE CLAIM:

• Full amount refunded as soon as possible (12490 INR).
• Interest on amount, 9 percent per month with compound interest.
• Complainant’s legal expenses and the mental agony.
• Medical expenses, as I have suffered from various water desist because in absence of water filter I am forced by eureka forbes to drink poor quality of water.

8. JURISDICTION:

As the total amount involved is less than Rupees 20 lakhs, the complaint is being filed with the Hon’ble District Consumer Disputes Redressal Commission.

9. PRAYER:

It is, therefore , most respectfully prayed that this Hon’ble commission may kindly be pleased of

1. Relief be granted to the complainant as demanded herein.
2. That such orders be passed as the Hon’ble Consumer commission may deem fit in the circumstances of the case.
3. That the accused should be punished severely so that culprits of similar kind would be afraid to indulge in such criminal activities.
4. Full amount refunded as soon as possible (12490 INR).
5. Interest on amount 9 percent per month with compound interest.
6. Complainant’s legal expenses and the mental agony.
.

PLACE : PUNE Signature
DATED : 04-11-2014 NAME OF THE COMPLAINANT

VERIFICATION
I Naved Akhtar, the complainant above address, do hereby solemnly verify that the contents of above complaint are true and correct to my knowledge, no part of it is false and nothing material has been concealed therein.

Name & signature of the complainant
Arrangement of the complaint papers:
All papers to be kept in paper file in following order:
1. Complaint
2. Affidavit
3. List of documents Annexure A to Annexure G