Legal Notice to replace the Mobile Phone with a New one or refund the Bill amount

XYZ Advocate, Office: 18, Type-III,
New Quarters
Chamber No.11 , Old Block NH-IV,
North Wing, District courts
Mobile NO. 

Ref. NO….                                                                            Dated:

                              BY SPEED POST                               


1- M/s SAMSUNG INDIA ELECTRONICS PVT. LTD, B-1, Sector –81, Phase –II, Noida, District, Gautam Buddh Nagar, U.P. Through its Managing Director/CEO/Principal officer

2- M/s SAMSUNG INDIA ELECTRONICS PVT. LTD (SAMSUNG CUSTOMERS SERVICE DIVISION), Suites No. 101-103, 1st Floor, Copia Corporate Suites, Plot No.9, Jasola District Centre, NEW DELHI –25, Through its Managing Director/CEO/Principal officer

3-M/S SHRI JAI COMMUNICATION Branch Office :- ___________  Through its Proprietor 

4-  M/S MAA SATVATI ELECTRONICS,  (Authorized Service Centre of M/s SAMSUNG INDIA ELECTRONICS PVT. LTD), styled as :- SAMSUNG AUTHORISED SERVICE CENTRE, through its Proprietor

Subject :- Legal Notice dated 22-11-2010 to replace the Mobile Phone with a New one or refund the Bill amount

Dear Sirs,

               I ______________________, do hereby serve upon you with the following legal notice as under: -

1-   That you the Noticee No. 1 is the Manufacturer and Marketing Company of Samsung Brand of Mobile Phones and you the Noticee No.2 is the customer service division of Noticee No.1 and you the Noticee No.3 is the authorized Retailer/Dealer of the Noticee No.1 company and you the Noticee No.4 is the authorized service Centre of the Noticee No.1 company and whereas, I am your customer/consumer.

2-      That I purchased a Mobile Phone i.e. SAMSUNG CORBY COLOUR from you the Noticee No.3 in Cash for the total sale consideration of Rs.6,500/- vide its Invoice No. 2299 dated 08-08-2010.

3-         That at the time of purchase of the above described Mobile Phone from the Noticee No.3, the Noticee No.3 had assured me that it is a good product and free from all defects and is under warranty for a period of one year, during which a free replacement will be provided if any defect occurs or found in the product. 

4-         That from the very beginning there were problem /defects in the said Mobile Phone which are described as under :-

(i)    the touch screen of the said mobile phone does not work properly.

(ii)          That once a command is given to it to perform some function either the touch screen does not work or if it works it performs a wrong function i.e. different from the one which is desired

(iii)      The touch screen of the said mobile phone does not rolls up and down at a see-able and controllable speed rather most of the time it goes up and down at a very high speed, which wastes a lot of time and in consequence thereof the desired function has to be done after making a number of attempts.

(iv)          That the clarity of the voice to and fro has not been clearly audible.

(v)    That it gets switch off now and then on its own which gives a lot of embarrassment and mental harassment.  

(vi)         That now it has completely stopped functioning as there is blockage and the voices/speech is not at all audible to the other end.

5-              That these problems have been brought to the notice of Noticees No.3 and 4 but every time they replied that these are some temporary problems /defects which are common with these kinds of handsets, which would be removed on its own after some time. 

6-              That now about 15 days ago the said mobile phone completely stopped functioning I made a number of personal visits to the office of Noticees No.3 & 4 in order to get the handset replaced with a new one or with advance model but the requests have been flatly turned down and their doors were closed for me and I was left with no option except to buy a new handset or to keep wandering at their doors, which has caused a great mental harassment to me.

7-              That due to the deficient service of you Noticees for not replacing the same with new branded Mobile phone I have suffered a great amount of mental agony, harassment and tension for which you the Noticees are jointly and severally liable to pay Rs. 2,00,000/- to me because I am practicing Lawyer and I have purchased the said handset for my daily use in court and court related matters and because of this faulty handset I have suffered a great professional loss for which you all the Noticees are jointly and severally liable/responsible.

8-              That beside above it is amply clear from your act and conduct that from the very beginning you the Noticees No.1 to 4 clearly knew that you are supplying a faulty and defective handset to me and hence it is further amply proved that you are having intention to cheat me and defraud me with my hard earned money in order to have a wrongful gain for yourself and to cause a wrongful loss to me. So you have committed the criminal offences punishable under 420/406 IPC so you are also liable to be prosecuted and punished as per the provisions of the law. 

9-              That I had sent you a legal notice dated 22-11-2010 by speed post and the same has been duly served upon you but you have neither has replied the same nor you have taken any step to replace my above stated Mobile phone with a new one or to refund the bill amount.

                I, therefore, call upon you through this Reminder, either to replace the above described defective Mobile handset with new branded one or to refund the entire sale consideration paid by me along with interest and to pay Rs. 2,00,000/- for causing mental agony, harassment, tension and professional loss on account of the deficiency of service and lower quality products supplied by you, jointly and severally to me, within the period of 15 days from the date of receipt of this Reminder, failing which I shall be constrained to file the appropriate proceedings against all of you the Noticees in the competent courts of law and in that event you all the Noticees shall be fully responsible for all costs, risks and responsibilities, expenses and consequences thereof. Please note well.    

Copy of this Reminder kept for record and necessary action.

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