They are not returning my mobile for more that 9 months
Complain ID : CCN034850 22
Mobile Complaint
Complaint Date: January 9, 2021
- State : Uttar Pradesh
- City : Noida
- Address: A-43, Hosiery Complex, Phase-2, Noida
1. That the complainant is a law abiding citizen of India residing at the address mentioned in the cause title of the complaint petition.
2.That the complainant has purchased mobile phone model infinix hot 7 aqua blue, 64 GB online from the website of the flipkart for Rs. 7,364. He also did purchase a policy of repair of the mobile phone from the concerned authority. The complainant’s mobile phone had a problem and so he did call the concerned authority staff to fix the same so they picked up the mobile phone on 13th of March 2020 from the given address and after 2 to 5 days of analysis they asked for a payment of Rs. 500 as per their policy terms and conditions.
3.That the Complainant states that after making a successful payment till date he has not received his device irrespective of innumerous follow ups with the concerned authority staffs. Lastly the concerned authority wanted to do a settlement with the Complainant by paying 60% after few months it's 80% of the price of the mobile phone but the Complainant denied the same as he wants the full refund for their negligence and ignorant attitude.
4.That the complainant literally exasperated by their incompetent and inefficient services. The staffs of the concerned authority are not aware of the updated status of the product.
5.That after that the Complainant had contact the Concerned Respondent but they didn’t co-operate with the Complainant and intentionally neglected to the Complainant. It was clear that the Complainant harassed and cheated by the Respondent.
6. That the complainant from there on tried several times to contact the Respondents and sought their help, but the company had not yet resolved his issue and all his honest and legal efforts to get his refund has gone in vain.
7. That the Complainant tries to solve the issue in every aspect and therefore send the Respondent a legal notice of the Ld. Advocate to the Respondent on 01.09.2020 and then also the Respondent did not provide any reply to the Complainant.
8. That the Respondents have miserably failed in providing good service despite the Complainant has paid the full amount in advance to the respondent authority and thereby causing deficiency in service.
9. That the instant Complaint is filed within the prescribed time period in terms of the provisions of the Consumer Protection Act, 2019.
10. That the cause of Action of the instant complaint arose on, the date 1st September 2020 upon non-performance of the Respondents of their obligations despite Notice of the Learned Advocate.
11. Copy of the said Legal Notice by the duly appointed advocate of the complainant for compliance of required services dated 01.09.2020.
12.That the Complaint is made bona fide and for ends of justice.
14. That there is no suit pending nor has been decided on the same subject matter between the parties by ant competent court of law other than the described one.
15. That the instant Complaint is within the jurisdiction of the Learned Forum
In the aforesaid circumstances therefore, it is humbly prayed on behalf of the Complainant that Your Honor may be pleased to-
i. Direct the Respondents requested to refund back the amount of Rs. 7,364/-which he had paid plus rs. 500
ii. Direct the Respondents to provide Rs.20,000/- as a compensation to the Complainant for the deficiency in service and mental harassment and agony.
iii. Direct the Respondents to pay the costs of litigation;
And such other/further order/orders as Your Honour may deem fit and proper in the interest of justice, equity and good conscience.
With Best Regards
Arun Kumar
2.That the complainant has purchased mobile phone model infinix hot 7 aqua blue, 64 GB online from the website of the flipkart for Rs. 7,364. He also did purchase a policy of repair of the mobile phone from the concerned authority. The complainant’s mobile phone had a problem and so he did call the concerned authority staff to fix the same so they picked up the mobile phone on 13th of March 2020 from the given address and after 2 to 5 days of analysis they asked for a payment of Rs. 500 as per their policy terms and conditions.
3.That the Complainant states that after making a successful payment till date he has not received his device irrespective of innumerous follow ups with the concerned authority staffs. Lastly the concerned authority wanted to do a settlement with the Complainant by paying 60% after few months it's 80% of the price of the mobile phone but the Complainant denied the same as he wants the full refund for their negligence and ignorant attitude.
4.That the complainant literally exasperated by their incompetent and inefficient services. The staffs of the concerned authority are not aware of the updated status of the product.
5.That after that the Complainant had contact the Concerned Respondent but they didn’t co-operate with the Complainant and intentionally neglected to the Complainant. It was clear that the Complainant harassed and cheated by the Respondent.
6. That the complainant from there on tried several times to contact the Respondents and sought their help, but the company had not yet resolved his issue and all his honest and legal efforts to get his refund has gone in vain.
7. That the Complainant tries to solve the issue in every aspect and therefore send the Respondent a legal notice of the Ld. Advocate to the Respondent on 01.09.2020 and then also the Respondent did not provide any reply to the Complainant.
8. That the Respondents have miserably failed in providing good service despite the Complainant has paid the full amount in advance to the respondent authority and thereby causing deficiency in service.
9. That the instant Complaint is filed within the prescribed time period in terms of the provisions of the Consumer Protection Act, 2019.
10. That the cause of Action of the instant complaint arose on, the date 1st September 2020 upon non-performance of the Respondents of their obligations despite Notice of the Learned Advocate.
11. Copy of the said Legal Notice by the duly appointed advocate of the complainant for compliance of required services dated 01.09.2020.
12.That the Complaint is made bona fide and for ends of justice.
14. That there is no suit pending nor has been decided on the same subject matter between the parties by ant competent court of law other than the described one.
15. That the instant Complaint is within the jurisdiction of the Learned Forum
In the aforesaid circumstances therefore, it is humbly prayed on behalf of the Complainant that Your Honor may be pleased to-
i. Direct the Respondents requested to refund back the amount of Rs. 7,364/-which he had paid plus rs. 500
ii. Direct the Respondents to provide Rs.20,000/- as a compensation to the Complainant for the deficiency in service and mental harassment and agony.
iii. Direct the Respondents to pay the costs of litigation;
And such other/further order/orders as Your Honour may deem fit and proper in the interest of justice, equity and good conscience.
With Best Regards
Arun Kumar
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