Dated 03.11.2014
To
The CEO/MD,
Mify Solution, Pvt. Ltd.
SF 204, Singhal Tower, sector 58,
NOIDA, U P.- INDIA.
Subject :-- Fraud/cheating
regarding the product. Samsung Galaxy S5
Sir,
Undersigned had booked/purchased one Samsung Galaxy S5 cell phone vide order
ID no [protected] on 19.10.2014 and paid Rs. 8999.00, allured by DEWALI
offer/today’s spl. Offer.
I have received a parcel from currier (today about 12.30. pm). On
seeing the parcel I am shocked that It is not containing the same phone which
is prominently displayed on website. Your website nowhere disclosed that this
Galaxy S5 is not from Samsung Company but from some local brand. This cell
phone is deceptively and dishonestly similar to genuine Samsung Galaxy S5 cell
phone which gives impression to customers that they are purchasing genuine
Samsung Galaxy S5 phone.
The Cell Phone displayed on website is deceptively similar to Samsung
Galaxy Phone, It is depicting same Samsung Galaxy S5 phone’s replica. It also levelled
as Galaxy S5. This false and mischievous replica of Samsung Galaxy S5 is
sufficient to trap innocent customers by projecting that it was Samsung Galaxy
S5 cell phone. This replica image of phone defrauded customers as they are
considering that due to Diwali sale/offer they are getting same Samsung galaxy
genuine S5 phone on cheap price.
This fraudulent and dishonest misrepresentation amount to cheating and
punishable under the law of the land. More so selling of replica/deceptively
alike phone also amount to infringement of copy right and trademark of the
reputed company- M/s Samsung in the present case, thus, you are liable for copy
right/trade mark violation. Apart from this your act and deed amount to unfair
trade practice, thus, you are also liable for unfair trade practice-an
actionable civil wrong in India.
You are requested to provide me genuine Samsung Galaxy S5 phone,
as you projected and impressing on your website within 3 working day of
receipt of this notice, failing which I shall file FIR For cheating/fraud
against you apart from initiating the proceedings before the competent court
for copyright and trade mark infringement as well as for adopting unfair trade
practice at your risk and cost. I will also constrained to put all this
fraudulent act on your part on your website so that the viewers will be
appraised of this fraud/cheating and think twice before purchasing anything
from your website.
I have collected sufficient documentary and oral evidence to nail your
concern.
Awaiting your reply ASAP.
P K SHARMA
[protected]@yahoo.co.in
[protected]
EXSSPP/CBI/DELHI
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