M/s NEWGEN PARTNERS, SAMA, Khasra No. 15/17, 24, G/F, Village Samalkha, Village Samalkha, Delhi – 110037 Complaint – R EPAIR WARRANTY CASE NOT SOLVED WITHIN TIME LIMIT AFTER REPORTING AGAIN AND AGAIN

Subject: REPAIR WARRANTY CASE NOT SOLVED WITHIN TIME LIMIT AFTER REPORTING AGAIN AND AGAIN
My Name: KANAIYALAL KUMHAR
My City: jaipur
My Complaint Against: M/s NEWGEN PARTNERS, SAMA, Khasra No. 15/17, 24, G/F, Village Samalkha, Village Samalkha, Delhi – 110037
Complaint Category: Mobile Companies
Claim Amount (Approx.): 50,000
My Complaint Description:
This is to bring to your kind notice that I, Kanaiyalal Kumhar S/o Late Shri Ghasi Lal Kumhar Room No. 3002, Main Building, Secretariat, Jaipur- 302005 had purchased Micromax Canvas Spark Q380 8GB Rom White Mobile Phone Item Code DC 1443826 from your organization M/s NEWGEN PARTNERS, SAMA, Khasra No. 15/17, 24, G/F, Village Samalkha, Village Samalkha, Delhi – 110037 for a consideration of Rs. 5099.00 paid CASH ON DELIVERY basis vide your Invoice No. SE17FA/15-16/8684 dt. 27-07-2015.
The said mobile is suffering from defect as follows :
“5101 KEYPAD KEY(S) DO NOT WORK”
I have reported the above matter to you through my elder brother Shri Dharamveer Kumhar vide above mentioned job sheet. I have reported on telephone several times also and every time your sms reply on registered mobile number 7891570120 was as under :-
S.No. Sms Date with time Language of SMS
1 15.07.2016
04.10 PM Your Micromax device vide Job Sheet No.WO20 324-0716-24244110 is under repairs and shall be delivered to you in 07 days. We encourage you to use our self help option wherein status of your job sheet is just a click away on the link jobstatus .micromax—info.com/. We are sincerely working towards delivering the best performance to you.
2 05.08.2016
12.41 PM Your Micromax device vide Job Sheet No.WO20 324-0716-24244110 is under repairs and shall be delivered to you in 07 days. We encourage you to use our self help option wherein status of your job sheet is just a click away on the link jobstatus .micromax—info.com/. We are sincerely working towards delivering the best performance to you.
3 19-08-2016
05.10 PM Your Micromax device vide Job Sheet No.WO20 324-0716-24244110 is under repairs and shall be delivered to you in 15 days. We encourage you to use our self help option wherein status of your job sheet is just a click away on the link jobstatus .micromax—info.com/. We are sincerely working towards delivering the best performance to you.

But despite all my pleadings you have not made good the defect in the mobile which is indeed regrettable and highly unprofessional. On account of your aforesaid dereliction of duty and failure and neglect to rectify the same I have suffered losses/incurred expenses due to your negligence for which you are liable to compensate to me and I am also entitled to damages for mental torture, agony, humiliation, which I have suffered and is undergoing at present because of not supplying the material to my customers and loss of order and is entitled for damages for defamation for not complying the order by customers on time due to lack of mobile. I am entitled for the following amounts which are quantified as under :-
(a) Damages on account of Loss of order – Rs. 25 Thousands;
(b) Damages on account of Loss of Reputation, that causes mental agonies and physical harassment by customers for not supplying the material on time and getting out of touch from market for lack of mobile– Rs. 25 Thousands;
total costing to Rs. 50,000/- which you are liable to compensate to me.
You are hereby finally called upon to
(i) remove the said defect in the mobile, or
(ii) replace the mobile with new one, and
Pay compensation for financial loss as well as loss on account of loss of reputation suffered due to your negligence.
In the sum of Rs. 50,000/- with interest @ 18% per annum within 30 days of the receipt of this notice falling which I shall be constrained to initiate against you for redressal of my aforesaid grievances and recovery of the aforesaid amount such proceedings, both civil and criminal as are warranted by law, besides filing a complaint under the statutory provisions of The Consumer Protection Act, 1986 exclusively at your own risk, cost, responsibility and consequences which please note.
Place :- Jaipur
Dated : ( KANAIYALAL KUMHAR )
Room No. 3002, Main Building,
Secretariate, Jaipur- 302005
Mobile No. 7891570120

Copy to M/s NEWGEN PARTNERS, SAMA, Khasra No. 15/17, 24, G/F, Village Samalkha, Village Samalkha, Delhi – 110037 for information and necessary action.

( KANAIYALAL KUMHAR )

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