[Resolved]  Xolo — The mobile phone instrument was not working properly and often it is dead

Address: 600001

By r. P. A. D
From 30.4.2016
G. Alex benziger,
Advocate
No.123, additional law chambers,
High court buildings,
Chennai-600 104.
To
1. M/s. Lava international ltd., sohna b. D.,
Blue dart express limited khasra,
No.5/16/2, 17, village behrampur,
Neat subash chowk,
City gurgaon,
Haryana state -122 018
Sir,
Under instructions from my client mr. S. Velu, son of thiru. M. Shanmugam chettiar, residing at no.30 (18), pidariyar koil lane, chennai-600 001, i am issuing this notice to you as follows.
1. My client states that he purchased a “xolo” mobile phone instrument through ‘snap deal-online’ from you on 17.12.2015 under invoice no. Sc4a72/15-16/82329. The mobile phone instrument model is that “xolo black 1x32gb and the imei no.[protected]”.
2. My client further states that from the day one of the purchase itself the mobile phone instrument was not working properly and often it is dead and after sometimes it used to function. Finally, the phone is totally dead on 27.02.2016. My client further states that he has given the said mobile phone for service to the “lava’s” authorized service center, that is, untied mobile service,[protected], shivalaya building, no.90, ethiraj salai, chennai-600 105 on 29.02.2016 and the same was duly acknowledged by the service providers under work order no.[protected] dated 29.02.2016 and after doing some service the same was returned to my client on 04.03.2016.
3. My client further states that again the same mobile phone instrument not properly working due to battery defects. My client further states that again he has given the said mobile phone instrument for service to the authorized “lava’s” service centre, that is, united mobile service[protected], no.90, ethiraj salai, chennai-600 105 on 22.03.2016 vide order no.[protected]. Finally after doing some service the same was returned to my client on 08.04.2016.
4. My client further states again the mobile phone instrument did not unction on 21.04.2016 and hence my client went to the united mobiles lava authorized service center but they simply said that our contract was terminated with the “lava” company. Further my client contacted the customer care no.[protected] wherein mr. Kannadasan directed me to approach a service provider in thiruvanmiyur, they refused and gave one address in jaffarkhanpet, chennai-600 083. My client further states that finally he has given the said mobile phone to the authorized “lava’s” service centre, that is, srinivasa enterprises[protected], no.81/a, pillaiyar koil street, jaffarkhanpet, chennai-600 083, on 25.04.2016, vide the work order no.[protected].
5. My client further states that he is a businessman and his business is depending on the mobile phone, e-mail, whatsapp and networking etc.. But due to the fault on his mobile phone instrument, he was unable to carry out his business from feb.2016 onwards. As such my client has sustained financial loss and mental agony due to the manufacturing defect on the said mobile phone instrument.
Therefore, i hereby call upon you to replace the mobile instruments with new one or repay the amount of rs.9999/= within 15 days of receipt of this notice failing which my client will be constrained to file appropriate petition before the consumer forum for the redressal of his grievances mulcting you all the costs and consequences thereof.
(G. Alex benziger)