Complaint Details

Status	:	Closed
Complaint No	:	0125756/2020
Category	:	Consumer Goods
Date	:	27-08-2020
Subject Line	:	complaint against fraud service
Complainant	:	anandilal patidar
Address	:	16/1 bhagat singh marg haat maidan road near tanki choiuraha
Complainee	:	SONY
Address	:

Complaint Details
This is an issue related to my registered complaint against the Sony smartphone (SONY XPERIA X DUAL- FS122) with IMEI NO – (358099070701222) which I had purchased three and half year back with costing ₹ 47,000/-.(BILL IS ATTACHED HEREWITH)

Please note that this is a “letter before action” and as such a copy of this should be provided to your Legal department as a matter of priority. This matter has been going on for some time now, and I am no longer prepared to leave it abeyance.

I am distraught and discontent with the service being provided by the esteemed company.
Despite of knowing the fault the company is offering me a new phone if I pay 17,500 rupees. Sorry to say but, I am not ready to accept the offer provided by the company. Because firstly my old phone is still in the possession of the company from last 1 month and the company failed to repair my phone and provide me service which it is bound for under the contract of goods and service and why should I pay for the new phone because the company failed to repair my phone which is a manufacturing defect and not the physical damage for which I should be legally bound. The company should repair my phone else provide me with an alternate phone or refund my amount which is the only legal way. The offer made by company is totally illogical and unacceptable. I would a customer will pay for the default in services of the company and secondly the company failed to provide proper service knowing the urgency of the matter as stated by me in my earlier complaint.
I want to make the company aware that it is the duty of the manufacturing company to ensure that all parts of the product they manufacture are available until the period of 10 years as per the CONSUMER PROTECTION ACT 2019 and as per the order of the National Consumer Forum of India, the manufacture is obliged to ensure availability of spares and consumables during the expected lifespan of the product. But the same laws are violated by the company. Being a lawyer, I am poorly affected as my whole Professional working, and Court hearing is done through my smartphone during this current pandemic it is a more critical and significant issue currently.
The company is liable for acting fraudulently despite of knowing the danger of persons life in the current pandemic situation and for careless conduct as I called the service centre in advance stating product issues before visiting the service centre. Also, the legal representative of the company is guilty of misrepresentation, irresponsible and fraudulent act by stating that the parts of the phone are available at the service centre which in reality were not available. The company is also liable for knowingly lying to the customer for making the delay in resolving the complaint so that the product comes into the definition of out of warranty. I do have evidence of the above-mentioned allegations on the company, and I will do present them whenever needed in the court. The company not only lacked in providing service to the customer which it is bound for but, it also used unethical practices with the customer to suppress the complaint with illegal means. Also, the person calling on behalf of the company named Nilesh Garg tried to suppress the complaint on the basis of giving an unnecessary advice like “the ideal age of the smartphone is three years and you should change the product after that period ” and forced me to accept that I should purchase the new phone. Now the complaint is not about the unattended and careless service which the company was bound to but, now it also includes the practices the company used to settle the complaint by using unlawful means and on baseless points. The company also violated legal principles and law when it comes to availability of spare parts of the product until the expected lifetime of the product.

Through this letter, I wanted to make it subsequently clear to the highest appropriate authority of the company that do repair my phone as soon as possible or refund my billing amount or else provide me a new phone. And if the company does not want to accept its liability and lawful duty than please state your opinion as soon as possible.
Therefore, if I do not receive a satisfactory response with 14 days from the date of this letter, I will have no choice but to issue proceedings. This will be without further notice to you and an action for which I shall be seeking to recover my costs including legal fees.

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