Sep 22, 2015
Updated by kdeo.vns Badri Narain, S/O Krishna Deo, R/O 44/ 19, Naik Bazar, Varanasi, 221001, U.P. emaiID kdeo.[protected]@gmail.com
Complainant / Consumer
Versus
1. Microsoft India, Microsoft Corporation (I) Pvt. Ltd., 9th Floor, Tower A, DLF Cyber Green, DLF Cyber Citi, Sector 25A, Gurgaon 122 002, Mob: [protected],[protected] /[protected](8158)/256 7000. customer.[protected]@microsoft.com, [protected]@microsoft.com, [protected]@css.one.microsoft.com, MMOPT.SOFT.AS.00.EN.TPR.JPR.TS.T01.SPT.00.[protected]@css.one.microsoft.com,
2. Ambrish Bakaya, Director Corporate Affairs, Nokia India Pvt. Ltd, 1st & 2nd Floor, Tower A SP Infocity, Plot No. 243, Udyog Vihar Phase I, Gurgaon-122 016, Contact No:[protected] (M),[protected]O) emailed: ambrish.bakaya @nokia.com
3. RAJEEV SURI, President and Chief Executive Officer, Nokia India Pvt. Ltd, 1st & 2nd Floor, Tower A SP Infocity, Plot No. 243, Udyog Vihar Phase I, Gurgaon-122 016, rajeev.[protected]@nokia.com,
[protected]@nokia.com, press.[protected]@nokia.com,
4. Nokia India Private Ltd. Head Office, SP Infocity, Industrial Plot no. 243, Udyog Vihar, Phase 1, Dundahera, Gurgaon, Haryana, Phone Number - +[protected], Fax No. - +[protected],
online.[protected]@nokia.com, [protected]@nokia.com,
5. Nokia Solutions and Networks India Private Limited, 7th Floor, Building 9A, DLF Cyber city Phase III, Gurgaon - 122 002, Haryana, India
6. Elite Communication, Microsoft Care location, care centre No 349_504886, Recycling point, C33/2, Opp. Bharat Mata Mandir, Chandua, 221010, Varanasi, India,
91- [protected], : [protected], Phone[protected],
[protected]@caresupportindia.com, [protected]@nokiacareindia.com, [protected]@gmail.com,
...Opposite Parties.
You parties are hereby informed as under:
1. That the undersigned purchased a Microsoft Lumia 535 mobile handset from dealer of you parties number 1 – 6 M/S C.D. Gallery, Rathyatra, Varanasi against cash payment of Rs 8, 900=00 vide Cash Memo Book No 146, Invoice No 7264 dt 06.02.2015 along-with warranty for replacement against non-repairable manufacturing defects.
2. That the above referred Microsoft Lumia 535 mobile contained manufacturing defect against keypad failure alongwith wifi / network failure and mobile under reference was delivered by the undersigned at Microsoft authorized Service Centre, elite communications, Chandua, Varanasi, you party number 6, vide Service Center job card number 330/007 on dated 30.03.2015 for services and replacement under warranty.
3. That the mobile set under complaint was returned back to the undersigned by you party number 6 creating a black spot appearing at the bottom of display to the complainant during handling and servicing, mobile device under reference un-serviced / unrepaired and warranty replacement not done asking the complainant to submit the same at a later date as spares were not available with the service center.
4. That the black spot appearing at the bottom of the display on mobile handset was caused and created by the Microsoft service center elite communications, Chandua, Varanasi, you party number 6, during handling of the referred mobile vide job sheet number 330/007 on dated 30.03.2015. The complaint of which was made by the undersigned with the Microsoft service center you party number 6 but the complainant was again asked to submit the same at a later date and a fraudulent and force return of the referred mobile was done by the service center to the consumer on 30.03.2015 creating a black spot on display.
5. That the above referred Microsoft Lumia 535 mobile was redelivered by the undersigned to Microsoft authorized service center, elite communications, Chandua, Varanasi, Care Centre No 349_504886, you party number 6, vide Job Sheet number 18/09115 on 15.09.2015 under warranty claim for replacement of the mobile device against
(1) manufacturing defect of keypad failure (2) overlapping and jumping key pad during charging (3) black lining on screen caused by the service center during servicing / handling on 30.03.2015 (4) software failure causing hanging of the product under reference (5) wifi and net work failure.
6. That you party number 6 being Microsoft authorized service centre, care centre No 349_504886 made fictitious record of IMEI number of the mobile under complaint as [protected] in place of [protected], vide job sheet No 15 / 09115 on dt 15.09.2015 and refused to record on company’s job sheet number 18/09115 the actual complaints against manufacturing defects of the mobile under reference as narrated by the complainant in para 4 of this letter.
7. That you party number 6 was force delivered to the complainant the above referred Microsoft Lumia 535 mobile set as un-serviced and unrepaired and warranty replacement not done vide job sheet number 18/09115 on 15.09.2015..
8. That the referred mobile set was force delivered by you party number 6 to the complainant / consumer illegally refusing the under warranty claim and written remarks of refusal were also given by you party number 6 on Microsoft authorized Service Center job sheet / ELS CHECK SHEET No 15 / 09115 that the defects complained are the feature and problems under complaint shall not be resolved in warranty. The complainant was willfully defrauded twice and unfair trade practices applied by you parties number 1 – 5 and your authorized Service Centre you party number 6 by selling above referred Microsoft Lumia 535 mobile with a manufacturing defect.
(Photocopy of the written remarks made by Microsoft authorized Service center on company’s ELS Check Sheet regarding defects claimed being feature of the mobile and further refusing to warranty claim is annexed hereunder as Annexure Number 1).
9. That the dealing staff at company service centre elite communications, Chandua, Varanasi, care centre No 349_504886, you party number 6, even refused to give information over previous date of complaint on which the referred Microsoft Lumia 535 mobile was accepted by the service center of the company and even refused to provide emailId of the service center to enable the undersigned lodge a written complaint. The staff at service center even refused to provide any information over the contact number of Nodal officer / Area head of Microsoft mobiles and non co-operated with the consumer.
10. That the complainant has marked his written protest with you party number 6, on Microsoft Mobile Service Center Job Card Number 15/09115 on dt 15.09.2015 at the time of taking delivery of the Microsoft mobile device under complaint against manufacturing defects.
Annexure Number 1
11. That further being aggrieved of willful attempt of Microsoft and their authorized Service Centre, you parties number 1 – 6, to defraud the customer by selling the aforesaid Microsoft Lumia 535 mobile device bearing manufacturing defect followed by unfair trade practices an online complaint was lodged by the undersigned along-with written complaint vide letter followed by complaints through emailed of the company detailed as under:
Customer Care Complaint No: [protected] dt 15.09.2015
Reference: [protected] SRX[protected]ID, dt 16 09 2015, - Microsoft Mobile devices support
Reference SRX[protected]ID, dt 16 09 2015, Microsoft Online Customer Service
Customer Care Complaint No: [protected] dt 15.09.2015, 12.10 pm, Mr Vikrant
Customer Care Complaint No: [protected] dt 17.09.2015, by Mr Masood,
Customer Care Complaint No: [protected] dt 17.09.2015, 2.25 pm by Rakesh
Written complaint addressed to elite communications, Chandua, Varanasi vide letter dt 15.09.2015 sent through Speed post number EU[protected]IN dt 16.09.2015.
Written complaint addressed to Microsoft Corporation vide letter dt 15.09.2015 sent through Registered post number RU[protected]IN dt 16.09.2015.
Written complaint addressed to Nokia India Pvt Ltd vide letter dt 15.09.2015 sent through Registered post number RU[protected]IN dt 16.09.2015.
Written complaint / Notice sent vide emaiid of Microsoft mobile devices and Nokia
12. That the above referred Microsoft Lumia 535 mobile under complaint was deposited again with you party number 6 being Microsoft authorized Service Center, M/S elite communications, Chandua, Varanasi, care centre No 349_504886, vide Service Job Sheet number[protected]/100918/038 on dated 18.09.2015 for under warranty claim for replacement against manufacturing defects and damages caused by service center you party number 6 on 30.03.2015 as under:
(1) manufacturing defect of keypad failure (2) overlapping and jumping keys during charging (3) black lining on screen caused by the service center elite communications, Chandua, Varanasi, care centre No 349_504886 during servicing / handling vide job sheet number 330/007 on 30.03.2015 (4) software failure causing hanging of the product under reference (5) wifi and net-work failure (6) mobile set not working properly during normal handling.
Annexure Number 2.
13. That the aforesaid defective product deposited with Microsoft authorized Service Center under warranty claim for replacement complainant / consumer has been willfully defrauded by Microsoft India and its co-concern / Nokia India Private Ltd, by selling above referred Microsoft Lumia 535 mobile bearing a manufacturing defect and further by not making good the legal under warranty claim for replacement of the above referred defective Microsoft Lumia 535 mobile through your authorized service center.
14. That the consumer / complainant requested you parties 1 – 6 to refrain yourself from causing the undersigned deliberate losses through unnecessary harassment / mental agony. The undersigned also requested you parties to make good the legal under warranty claim for replacement of the Microsoft Lumia Mobile device under reference which you parties willfully failed to do so up-till date.
15. That a deliberate monetary loss along-with losses through mental tension and unnecessary harassment has been caused to the consumer / complainant through unfair trade practices by you parties number 1 - 6.
As such you parties number 1 to 6 are requested to pay the undersigned a sum of Rs 59, 400=00 towards the value of the product paid by the undersigned being Rs 8, 900=00 plus Rs 50, 000 being losses caused through harassment and mental agony along-with Rs 500=00 being expenditures incurred in correspondence within three days of the date of this letter, failing which the consumer / complainant shall be bound to refer the matter to the competent court of legal action into the matter and shall claim compensation for all losses and damages caused by you parties.
Sincerely yours
Badri Narain
(Consumer / complainant)
K 44 / 19, Naik Bazar, Varanasi, 221001
U.P.
Mob: [protected]
Emailed: [protected]@gmail.com
Alternate emailed: kdeo.[protected]@gmail.com
Dt 22.09.2015
Annexures as above 1 – 2.
Copy for information and necessary action:
HCL Technologies Ltd.
602/3 Elcot Economic Zones,
Medavakkam High Road,
Sholingunallur, Chennai, 600119
.
Sep 24, 2015
Updated by kdeo.vns To From:
Mr Inder Raj Badri Narain
Microsoft Mobile Device Support Representative, K 44 / 19, Naik Bazar, Varanasi (U.P.)
Microsoft Customer Support, Mob: [protected], [protected]
Emailid: MMOPT.SOFT.AS.00.EN.TPR.JPR.TS.T01.SPT.00.[protected]@css.one.microsoft.com,
Dated 24 09 2015
Your Reference No: [protected]
Sub: Microsoft Lumia 535 mobile device IMEI number [protected] &
[protected] under complaint.
Ref: Microsoft service job sheet number[protected]/100918/038 dated 18.09.2015
Care Centre No : 349_504886, Ellite Communication, C 33/2, Oppo Bharat Mata Mandir, Chandua,
Sigra, Varranasi, U.P. 221010
Dear Sir,
With reference to your mail dt 23 Sept 2015 I have to re-inform you that as per information available on Microsoft Web page www.servicecenterhub.com/microsoft-service-center-in-varanasi on 17 September 2015 and onwards showing Ellite Communication, C 33/2, Oppo Bharat Mata Mandir, Chandua, Sigra, Varranasi, U.P. 221010 as Microsoft Service Center in Varanasi, Care Centre No 349_504886, the Microsoft Lumia 535 mobile device IMEI number [protected] & [protected] under complain was delivered by the undersigned at the said service center vide SERVICE JOB SHEET Number 330/007 on dated 30.03.2015 and again vide ELS CHECK SHEET No number 15/09115 dt 15.09.2015 followed by service job sheet number[protected]/100918/038 on dated 18.09.2015.
The mobile device under reference is still lying at Microsoft authorized Service Center in Varanasi, Care Centre No 349_504886 Ellite Communication, C 33/2, Oppo Bharat Mata Mandir, Chandua, Sigra, Varranasi, U.P. 221010 against complaint (1) manufacturing defect of keypad failure (2) overlapping and jumping keys during charging (3) black lining on screen caused by the service center elite communications, Chandua, Varanasi, care centre No 349_504886 during servicing / handling vide job sheet number 330/007 on 30.03.2015 (4) software failure causing hanging of the product under reference (5) wifi and net-work failure (6) mobile set not working properly during normal handling.
Since the mobile device under reference is already delivered to Microsoft authorized Service Center in Varanasi, Care Centre No 349_504886 addressed at Ellite Communication, C 33/2, Oppo Bharat Mata Mandir, Chandua, Sigra, Varranasi, U.P. 221010 and has not been returned back to the undersigned, you please are requested to direct the Microsoft Service Center in Varanasi, Care Centre No 349_504886 alongwith your said backend team to process post technical diagnosis for issues on device replacement / claim for compensation of losses and damages instead of illegally directing the complainant to visit another care centre for no reasons.
Please note that the Mobile device under reference with manufacturing defects and damaged by your authorized service center, Care Centre No 349_504886, has not been replaced to the consumer / complainant uptill date. However the Mobile device under reference was not delivered as replaced to the undersigned by your another care centre M/S BABA SERVICE POINT, 20/44 1st floor, Vijaya complex, Bhelupur Crossing Varanasi.
Since a deliberate monetary loss along-with losses through mental tension and unnecessary harassment has been caused to the consumer / complainant through unfair trade practices, you parties are requested to pay the undersigned a sum of Rs 59, 400=00 towards the value of the product paid by the undersigned being Rs 8, 900=00 plus Rs 50, 000 being losses caused through harassment and mental agony along-with Rs 500=00 being expenditures incurred in correspondence within three days of the date of this letter, failing which the consumer / complainant shall be bound to refer the matter to the competent court of legal action into the matter and shall claim compensation for all losses and damages caused.
Badri Narain
(Customer / Complainant) Dated 24 09 2015
K 44/19, NAIK BAZAR, Varanasi, 221001 (U.P.)
Mob: [protected], [protected]
Copy for information and necessary action to:
1. Microsoft India, Microsoft Corporation (I) Pvt. Ltd., 9th Floor, Tower A, DLF Cyber Green, DLF Cyber Citi, Sector 25A, Gurgaon 122 002, Mob: [protected],[protected] /[protected](8158)/256 7000. customer.[protected]@microsoft.com, [protected]@microsoft.com, [protected]@css.one.microsoft.com, MMOPT.SOFT.AS.00.EN.TPR.JPR.TS.T01.SPT.00.[protected]@css.one.microsoft.com,
2. Ambrish Bakaya, Director Corporate Affairs, Nokia India Pvt. Ltd, 1st & 2nd Floor, Tower A SP Infocity, Plot No. 243, Udyog Vihar Phase I, Gurgaon-122 016, Contact No:[protected] (M),[protected]O) emailed: ambrish.bakaya @nokia.com
3. RAJEEV SURI, President and Chief Executive Officer, Nokia India Pvt. Ltd, 1st & 2nd Floor, Tower A SP Infocity, Plot No. 243, Udyog Vihar Phase I, Gurgaon-122 016, rajeev.[protected]@nokia.com,
[protected]@nokia.com, press.[protected]@nokia.com,
4. Nokia India Private Ltd. Head Office, SP Infocity, Industrial Plot no. 243, Udyog Vihar, Phase 1, Dundahera, Gurgaon, Haryana, Phone Number - +[protected], Fax No. - +[protected],
online.[protected]@nokia.com, [protected]@nokia.com,
5. Nokia Solutions and Networks India Private Limited, 7th Floor, Building 9A, DLF Cyber city Phase III, Gurgaon - 122 002, Haryana, India
6. Elite Communication, Microsoft Care location, care centre No 349_504886, Recycling point, C33/2, Opp. Bharat Mata Mandir, Chandua, 221010, Varanasi, India,
91- [protected], : [protected], Phone[protected],
[protected]@caresupportindia.com, [protected]@nokiacareindia.com, [protected]@gmail.com
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