Discussion: The Rashi RMA experience thread
avichandana20000
Cyborg Agent
one thing i want to know every body is saying do not buy any thing distributed by RASHI.
Then what is the choice instead of RASHI who has taken the distributorship of so many products?
Then what is the choice instead of RASHI who has taken the distributorship of so many products?
Congratsand in future don't buy any product distributed by Rashi Peripheral.
Thanks .. I will try to stay clear from products distributed by Rashi but as avichandana20000 said is it really always possible for every one.
Take the example of cilus - he wanted a HD6870 but I guess you know it really well how hard it's hard to find a good product/ High end product form different brands in Kolkata - So even after having warranty issue he have to settle for gfx card from same manufacturer.
I think it's the duty of manufacturer who should look at Rashi's service and make the decision because they have some major responsibility about warranty and customer satisfaction as along with distributors.
Thanks asingh.
OP
The Sorcerer
oh wow...Xenforo!!!
Update 16-12-2010: Prime says Rashi doesn't have stock of xonar DX.
Lol @ Prime: For a card that I paid for about 4k they are willing to give me a credit note for 2.8k
LOL @ Rashi, Mumbai: It taken 1 1/2 month approx for them to figure it out that they didn't have any stocks. Sucks. Asus/xfx/altec lansing's name is getting damaged big time thanks to such antics.
Lol @ Prime: For a card that I paid for about 4k they are willing to give me a credit note for 2.8k
LOL @ Rashi, Mumbai: It taken 1 1/2 month approx for them to figure it out that they didn't have any stocks. Sucks. Asus/xfx/altec lansing's name is getting damaged big time thanks to such antics.
Re: Rashi Peripheral Cheating with XFX Graphic Card Warranty - ReSolved
Hi Friends! the following trail of emails are self explanatory to prove that I am filing a consumer complaint in the court against Mr. Suresh Pansari, MD, Rashi Peripherals, Mumbai.
Rajkumar jeee!
You are not only acting over 'smaaart', but also 'laacks' basic commonsense. Do not ever underestimate your customers. The first para of your mail was OK though neither correct nor acceptable, but then in the second para you have shown your actual caliber.
Your system has all the record of each time this card was submitted for repair and was replaced. I took your previous mail lightly wherein you had mentioned that you have shown a "gesture" in replacing the card. WHAT GESTURE? Your company marketed the product with 3 years warranty. You further went to the extent of writing me that I should approach the seller for the warranty support as you are not sure of his purchase source. How & why did you entertain the warranty complaints thrice in the past? No seller ever provide the warranty support for "distributors" items - imported into India thru proper channel - like yours.
You seems to be a child to see the things in black or in white: with an end or with a beginning. Are you not aware of the fact that your own company keeps computerized record of all RMAs? Are you not aware that a computerized slip is issued to the customer wherein the Serial No. of the defective item and the serial No. of the item given as replacement is mentioned? If you are really not aware of it then what are you doing in RMA section? Honestly people like you are liability on company. Your asking me to furnish the original invoice and serial No. of the original card purchased and the photo copy of the box with your sticker of import at this stage, is nothing but your dilatory tactics to delay & defeat my legitimate right to three years warranty support. This statement of your shows non application of mind; not only your malice but also your frustration. It's not your fault. After all you will only act as per your IQ. You slept over my RMA for 15 days till I called you up on STD and wasted 10 minutes in explaining you the things. Neither you nor your immediate boss, Ashok Goenka, had any courtesy to say sorry for the extraordinary delay. He showed no courtesy to reply to my mail. He had very rudely and most arrogantly told me over phone that he had not invited me to buy his product. And now you are following his footsteps to delay & defeat the purpose by asking me the things which were already furnished to your company, much before the said card was submitted for repair/replacement at your New Delhi office in Aug.'10
Whatever you have asked for had been already provided to your company, otherwise you people wouldn't have replaced the card in Aug.'10. I have documentary evidence of having provided all this in the past, which will be produced in the Consumer court.
Please do not bother me by your stupid mails, which are causing more damage to your own company than doing any good.
May almighty bless you & some of your colleagues a wisdom and strength to use the most beautiful and extraordinary thing Almighty has provided to every human being - The brain!
With best wishes for Merry Christmas & a Happy New year!
Sqn. Ldr. Raman Jhanjee (Retd)
A.M,S.M.Ae.E
PS
Rajkumar jee, now a brotherly advise! have you ever realised that for the company you have taken an offensive form of defense - instead of tendering your unconditional & unqualified apologies at the outset for the extraordinary delay resulting in inconvenience to the customer, tomorrow when this case will be filed in the Consumer Court at New Delhi and your company has to hire an advocate to defend itself by paying reasonable amount of fees say Rs. 5000/- a bare minimum, and when the learned Court will pass any adverse orders - WHICH IT WILL, then who will be the first person to get the 'boot'? YOU! Mr. Rajkumar. All your loyalty; your sincerity will be washed off in no time. For 45 days my card had been with you people and thats on record! Put yourself in customer's shoes and then realize. If I were you, I would have straight away said sorry for the delay on all the three occasions; extended the warranty may be by 2 months if not for 3 months; and assured the customer of giving him exact the same model or superior model. Remember! if things goes in your Company's favor you will not get any appreciation letter, forget about getting an increment, BUT if things go otherwise nobody's going to blame Ashok Goenka. All the guns will point at you. Please, please do not write anything which is illogical and makes no sense. Its only a matter of a week when courts re-open after Christmas vacations - you have enough time to do your home work. God bless you & God bless 'Pansaris'.
-----Original Message-----
From: RAJKUMAR <rajkumar.rajak@rptechindia.com>
To: 'Battleaxe' <sqn.ldr.jhanjee@xxxx>
Sent: Fri, 24 Dec 2010 6:06 pm
Subject: RE: LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Dear Sir,
As per specs with us both cards are same. There may be some kind of printing mistake on the website. You may check this from XFX and their mail id is rma@pinegroup.com
We don’t have any YDD4 model in the stock else we would have certainly issued you the card without any issues since both cards are same for us.
May we request you to provide us:
1) Serial no of the original card that was purchased from Mumbai online.
2) Invoice copy of the same.
3) If possible photo of the box showing model/serial no sticker as well as our import details.
Based on the above we will certainly coordinate with your point of purchase as well as with XFX and come out with a suitable solution.
Hope to hear from you at the earliest.
Best Regards
Raj Kumar Rajak
Rashi Peripherals Pvt. Ltd
103, Shubh Building,
Sagar Manthan Ind. Complex,
Bhoidapada, Sativali Road,
Vasai (E) - 401208
Tel: 0250-3246041 begin_of_the_skype_highlighting**************0250-3246041******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************0250-3246041******end_of_the_skype_highlighting
E-mail :rajkumar.rajak@rptechindia.com
website : www.rptechindia.com
From: Battleaxe [mailto:sqn.ldr.jhanjee@xxxx]
Sent: Friday, December 24, 2010 2:52 PM
To: kapalp@rptechindia.com; rajkumar.rajak@rptechindia.com; suresh.pansari@rptechindia.com; sureshp@rptechindia.com; ashokg@rptechindia.com; rmadelhi@rptechindia.com; rajeshg@rptechindia.com
Cc: chiraga@rptechindia.com; chandra.prakash@rptechindia.com
Subject: Re: LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Dear Mr. Rajkumar,
This card is your sold product. OK! I am holding the original carton of the card having sticker of Rashi Peripherals Pvt. Ltd as its importer. This fact was even mentioned to all the senior officials of your company when this card was to be given for repair 2nd time at your new Delhi office because some stupid official had raised the question of my having bought it from "America". The scan copy of the box showing your sticker was also sent to you people. Now saying that its not your sold product will go more against you. You had not replaced this card - thrice out of charity. Do you understand1 So please do not write anything which erodes all chances of any amicable settlement.
Secondly, as per the specification on XFX site -" *xfxforce.com/en-us/products/graphiccards/9series/9800gt.aspx?lang=en-us"; you can see the details specs of these two cards. I am also attaching the screen shot of the comparison table of these two varients i.e PV-T98G-YDD4 which was handed over to your new Delhi office on 28/10/10 and the PV-T98G-YDDF given to me on 16/11/10 as a replacement.
The major difference is not only the higher wattage of power supply required by the later but also:-
1. Texture fill rate (Billion/sec) for PV-T98G-YDDF is only Billion/sec as against 37.62 Billion/sec of PV-T98G-YDD4
2.Pixel per clock (peak) for PV-T98G-YDDF os '0' pixel as against '56' pixel of PV-T98G-YDD4
3. The minimum power requirement (Watts) for YDDF is 500 watts as against 450 watts for YDD4
These data are from XFX website as mentioned above.
You had refused to accept the card for repair the very first time and therefore is was sent to the seller at Mumbai who got it repaired/replaced and sent it back. Your highhandedness did not end there, When I forced you people to accept the card for repair at New Delhi itself on second occasion, you took 10 days. On third occasion you made me to call your Vasai office on STD and talk to you people for full 10 minutes ( I have MTNL bill for Nov.10 which has details of this STD call made on 0250-324601 - on 9/11/10) requesting you to send the card. Beside this I soke to Ms. Sandra on 022-67090909 on 9/11/10 for 8 min. for this card.
After receiving the card on 16th Nov when I made a complaint to your Mr. Ashok Goenka, he showed no courtesy to regret the extra ordinary delay and passed the buck to New Delhi office and sent the copy of that mail to me.
Prima facie this is a fit case to be filed in Consumer Court. I will not hesitate to attach all such harassments of the customers of Rashi Peripherals Pvt. Ltd. as posted by such aggrieved customers on the INTERNET.
I once again call on you to immediately replace my PV-T98G-YDDF card with PV-T98G-YDD4 card without further delay and for all the harassment, as a compensation extend the warranty by another 3 months.
Sqn. Ldr. Raman Jhanjee (Retd)
A.M,S.M.Ae.E
-----Original Message-----
From: RAJKUMAR <rajkumar.rajak@rptechindia.com>
To: sqn.ldr.jhanjee@xxxx
Sent: Thu, 23 Dec 2010 5:16 pm
Subject: RE: LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Dear Sir,
Just to inform this card is not our sold product. Still as a point of gesture, we replaced it. If you check your original card and replaced card are exactly same. As per model no, difference in last digit just confirms that packing box of both cards are different.
We will suggest to get the replacement further from point of purchase as he can support on this case further based on his purchase details.
As per the specification, both PV-T98G-YDD4 & PV-T98G-YDDF are same and only difference is in the packing.
Best Regards
Raj Kumar Rajak
Rashi Peripherals Pvt. Ltd
103, Shubh Building,
Sagar Manthan Ind. Complex,
Bhoidapada, Sativali Road,
Vasai (E) - 401208
Tel: 0250-3246041
E-mail :rajkumar.rajak@rptechindia.com
website : www.rptechindia.com
From: Battleaxe [mailto:sqn.ldr.jhanjee@xxxx]
Sent: 22 December 2010 16:12
To: suresh.pansari@rptechindia.com; sureshp@rptechindia.com
Cc: chandra.prakash@rptechindia.com; chiraga@rptechindia.com; ashokg@rptechindia.com
Subject: LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Mr. Suresh Pansari,
Managing Director,
Rashi Peripherals Pvt. Ltd.
Mumbai
LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Dear Mr. Pansari,
I had bought a XFX Nvidia 9800GT graphic card online from a dealer at Mumbai, with 3 years warranty.
This graphic card had been thrice replaced by your company – once when your New Delhi office refused to entertain the complaint, it had to be sent back to the dealer at Mumbai who got the same replaced and sent it back with your computerized replacement slip. Second time your official accepted the faulty card with great reluctance and gave the replacement after about 10 days. This card again went faulty and was submitted with your service center at New Delhi vide I/W Ch. # 3637 dated 28/10/10.
Your Vasai office took 15 days to give a replacement to your New Delhi office and that too after that the undersigned called up your Vasai office on STD. and spoke to your Mr. Raj for early replacement/repair. and later intentionally and with malafide sent me a different version of the XFX Nvidia 9800GT graphic card requiring 500 watts of power supply as against the one which required only 450 watts of power supply. Not only that when undersigned raised the issue of the delay and wrong replacement thru email, Mr. Ashok Goenka showed no courtesy to regret the delay and or the inconvenience caused to me due to wrong replacement. I had very specifically wrote him that I have Cool master 460 watts PSU in my computer and as such the graphic card sent by him requiring 500 watts of supply is not performing and due to inadequate PSU the display disappears intermittently. After getting the different version of the same model of the graphic card in question when I called up Mr. Ashok Goenka at his Vasai office Mr. Ashok Goenka went to the extent to tell me that he had not invited me to buy the said graphic card from his company.
I therefore call upon you to replace the graphic card ( PV-T98G-YDDF), sent by you with exact version of XFX Nvidia Geforce 9800GT that is PV-T98G-YDD4 which was submitted for repair at your service center at New Delhi, within 72 hours of the receipt of this mail and also increase the warranty by another 3 months as a compensation failing which I would be constrained to file a legal suit for the damages in the consumer court at New Delhi totally at your cost, risk & peril.
Yours Sincerely,
New Delhi Sqn. Ldr. Raman Jhanjee (Retd)
22Dec.’10 New Delhi - 110018
This Mr. Rajkumar is incharge of Rashi's RMA section at Vasai, Mumbai and is working under Mr. Ashok Goenka who is Service support head and also sits at Vasai office. Just imagine Mr. Rajkumar writing to me that card is not sold by them and as a gesture (Of goodwill) they had replaced it at an earlier occassion.
I would very humbly request my younger generation, which is more intelligent & practica,l to minutely go thru the whole trail of emails and then decide about this "RASHI PERIPHERALS". No company can ever go to the extent, adopting cheap tactics, by asking its customers to approach the seller. Coz I have told them that the card was bought 'online'. I have collected enough evidence in form of customers woes published on the net against this Rashi Peripherals.
At one place I was reading that this company is not bad but its only the employees. And I fully agree with it.
I have edited my email ID but anyone can contact me thru PM for any legal help & advise in consumer matters.
Pl remember! all your purchases - even made 'online', are governed by Consumer Protection Act 1986 and you dont have to file a consumer complaint in the seller's city but you can in your own city. You do not need to hire any advocate; pay just Rs. 100 as court fee; speak/plead your case in your own local language as the Judges of the Consumer court are retd. Judges - sometimes retd. Govt. officers. Therefore pleading case in Consumer court is similar to going to any company & explaining your problem about the product and requesting for repair/replacement. Never forget to ask for damages towards the inconvenience caused to you due to indefferent attitude of the company resulting in filing the Consumer Complaint.
Hi Friends! the following trail of emails are self explanatory to prove that I am filing a consumer complaint in the court against Mr. Suresh Pansari, MD, Rashi Peripherals, Mumbai.
Rajkumar jeee!
You are not only acting over 'smaaart', but also 'laacks' basic commonsense. Do not ever underestimate your customers. The first para of your mail was OK though neither correct nor acceptable, but then in the second para you have shown your actual caliber.
Your system has all the record of each time this card was submitted for repair and was replaced. I took your previous mail lightly wherein you had mentioned that you have shown a "gesture" in replacing the card. WHAT GESTURE? Your company marketed the product with 3 years warranty. You further went to the extent of writing me that I should approach the seller for the warranty support as you are not sure of his purchase source. How & why did you entertain the warranty complaints thrice in the past? No seller ever provide the warranty support for "distributors" items - imported into India thru proper channel - like yours.
You seems to be a child to see the things in black or in white: with an end or with a beginning. Are you not aware of the fact that your own company keeps computerized record of all RMAs? Are you not aware that a computerized slip is issued to the customer wherein the Serial No. of the defective item and the serial No. of the item given as replacement is mentioned? If you are really not aware of it then what are you doing in RMA section? Honestly people like you are liability on company. Your asking me to furnish the original invoice and serial No. of the original card purchased and the photo copy of the box with your sticker of import at this stage, is nothing but your dilatory tactics to delay & defeat my legitimate right to three years warranty support. This statement of your shows non application of mind; not only your malice but also your frustration. It's not your fault. After all you will only act as per your IQ. You slept over my RMA for 15 days till I called you up on STD and wasted 10 minutes in explaining you the things. Neither you nor your immediate boss, Ashok Goenka, had any courtesy to say sorry for the extraordinary delay. He showed no courtesy to reply to my mail. He had very rudely and most arrogantly told me over phone that he had not invited me to buy his product. And now you are following his footsteps to delay & defeat the purpose by asking me the things which were already furnished to your company, much before the said card was submitted for repair/replacement at your New Delhi office in Aug.'10
Whatever you have asked for had been already provided to your company, otherwise you people wouldn't have replaced the card in Aug.'10. I have documentary evidence of having provided all this in the past, which will be produced in the Consumer court.
Please do not bother me by your stupid mails, which are causing more damage to your own company than doing any good.
May almighty bless you & some of your colleagues a wisdom and strength to use the most beautiful and extraordinary thing Almighty has provided to every human being - The brain!
With best wishes for Merry Christmas & a Happy New year!
Sqn. Ldr. Raman Jhanjee (Retd)
A.M,S.M.Ae.E
PS
Rajkumar jee, now a brotherly advise! have you ever realised that for the company you have taken an offensive form of defense - instead of tendering your unconditional & unqualified apologies at the outset for the extraordinary delay resulting in inconvenience to the customer, tomorrow when this case will be filed in the Consumer Court at New Delhi and your company has to hire an advocate to defend itself by paying reasonable amount of fees say Rs. 5000/- a bare minimum, and when the learned Court will pass any adverse orders - WHICH IT WILL, then who will be the first person to get the 'boot'? YOU! Mr. Rajkumar. All your loyalty; your sincerity will be washed off in no time. For 45 days my card had been with you people and thats on record! Put yourself in customer's shoes and then realize. If I were you, I would have straight away said sorry for the delay on all the three occasions; extended the warranty may be by 2 months if not for 3 months; and assured the customer of giving him exact the same model or superior model. Remember! if things goes in your Company's favor you will not get any appreciation letter, forget about getting an increment, BUT if things go otherwise nobody's going to blame Ashok Goenka. All the guns will point at you. Please, please do not write anything which is illogical and makes no sense. Its only a matter of a week when courts re-open after Christmas vacations - you have enough time to do your home work. God bless you & God bless 'Pansaris'.
-----Original Message-----
From: RAJKUMAR <rajkumar.rajak@rptechindia.com>
To: 'Battleaxe' <sqn.ldr.jhanjee@xxxx>
Sent: Fri, 24 Dec 2010 6:06 pm
Subject: RE: LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Dear Sir,
As per specs with us both cards are same. There may be some kind of printing mistake on the website. You may check this from XFX and their mail id is rma@pinegroup.com
We don’t have any YDD4 model in the stock else we would have certainly issued you the card without any issues since both cards are same for us.
May we request you to provide us:
1) Serial no of the original card that was purchased from Mumbai online.
2) Invoice copy of the same.
3) If possible photo of the box showing model/serial no sticker as well as our import details.
Based on the above we will certainly coordinate with your point of purchase as well as with XFX and come out with a suitable solution.
Hope to hear from you at the earliest.
Best Regards
Raj Kumar Rajak
Rashi Peripherals Pvt. Ltd
103, Shubh Building,
Sagar Manthan Ind. Complex,
Bhoidapada, Sativali Road,
Vasai (E) - 401208
Tel: 0250-3246041 begin_of_the_skype_highlighting**************0250-3246041******end_of_the_skype_highlighting begin_of_the_skype_highlighting**************0250-3246041******end_of_the_skype_highlighting
E-mail :rajkumar.rajak@rptechindia.com
website : www.rptechindia.com
From: Battleaxe [mailto:sqn.ldr.jhanjee@xxxx]
Sent: Friday, December 24, 2010 2:52 PM
To: kapalp@rptechindia.com; rajkumar.rajak@rptechindia.com; suresh.pansari@rptechindia.com; sureshp@rptechindia.com; ashokg@rptechindia.com; rmadelhi@rptechindia.com; rajeshg@rptechindia.com
Cc: chiraga@rptechindia.com; chandra.prakash@rptechindia.com
Subject: Re: LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Dear Mr. Rajkumar,
This card is your sold product. OK! I am holding the original carton of the card having sticker of Rashi Peripherals Pvt. Ltd as its importer. This fact was even mentioned to all the senior officials of your company when this card was to be given for repair 2nd time at your new Delhi office because some stupid official had raised the question of my having bought it from "America". The scan copy of the box showing your sticker was also sent to you people. Now saying that its not your sold product will go more against you. You had not replaced this card - thrice out of charity. Do you understand1 So please do not write anything which erodes all chances of any amicable settlement.
Secondly, as per the specification on XFX site -" *xfxforce.com/en-us/products/graphiccards/9series/9800gt.aspx?lang=en-us"; you can see the details specs of these two cards. I am also attaching the screen shot of the comparison table of these two varients i.e PV-T98G-YDD4 which was handed over to your new Delhi office on 28/10/10 and the PV-T98G-YDDF given to me on 16/11/10 as a replacement.
The major difference is not only the higher wattage of power supply required by the later but also:-
1. Texture fill rate (Billion/sec) for PV-T98G-YDDF is only Billion/sec as against 37.62 Billion/sec of PV-T98G-YDD4
2.Pixel per clock (peak) for PV-T98G-YDDF os '0' pixel as against '56' pixel of PV-T98G-YDD4
3. The minimum power requirement (Watts) for YDDF is 500 watts as against 450 watts for YDD4
These data are from XFX website as mentioned above.
You had refused to accept the card for repair the very first time and therefore is was sent to the seller at Mumbai who got it repaired/replaced and sent it back. Your highhandedness did not end there, When I forced you people to accept the card for repair at New Delhi itself on second occasion, you took 10 days. On third occasion you made me to call your Vasai office on STD and talk to you people for full 10 minutes ( I have MTNL bill for Nov.10 which has details of this STD call made on 0250-324601 - on 9/11/10) requesting you to send the card. Beside this I soke to Ms. Sandra on 022-67090909 on 9/11/10 for 8 min. for this card.
After receiving the card on 16th Nov when I made a complaint to your Mr. Ashok Goenka, he showed no courtesy to regret the extra ordinary delay and passed the buck to New Delhi office and sent the copy of that mail to me.
Prima facie this is a fit case to be filed in Consumer Court. I will not hesitate to attach all such harassments of the customers of Rashi Peripherals Pvt. Ltd. as posted by such aggrieved customers on the INTERNET.
I once again call on you to immediately replace my PV-T98G-YDDF card with PV-T98G-YDD4 card without further delay and for all the harassment, as a compensation extend the warranty by another 3 months.
Sqn. Ldr. Raman Jhanjee (Retd)
A.M,S.M.Ae.E
-----Original Message-----
From: RAJKUMAR <rajkumar.rajak@rptechindia.com>
To: sqn.ldr.jhanjee@xxxx
Sent: Thu, 23 Dec 2010 5:16 pm
Subject: RE: LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Dear Sir,
Just to inform this card is not our sold product. Still as a point of gesture, we replaced it. If you check your original card and replaced card are exactly same. As per model no, difference in last digit just confirms that packing box of both cards are different.
We will suggest to get the replacement further from point of purchase as he can support on this case further based on his purchase details.
As per the specification, both PV-T98G-YDD4 & PV-T98G-YDDF are same and only difference is in the packing.
Best Regards
Raj Kumar Rajak
Rashi Peripherals Pvt. Ltd
103, Shubh Building,
Sagar Manthan Ind. Complex,
Bhoidapada, Sativali Road,
Vasai (E) - 401208
Tel: 0250-3246041
E-mail :rajkumar.rajak@rptechindia.com
website : www.rptechindia.com
From: Battleaxe [mailto:sqn.ldr.jhanjee@xxxx]
Sent: 22 December 2010 16:12
To: suresh.pansari@rptechindia.com; sureshp@rptechindia.com
Cc: chandra.prakash@rptechindia.com; chiraga@rptechindia.com; ashokg@rptechindia.com
Subject: LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Mr. Suresh Pansari,
Managing Director,
Rashi Peripherals Pvt. Ltd.
Mumbai
LEGAL NOTICE UNDER CONSUMER PROTECTION ACT 1986
Dear Mr. Pansari,
I had bought a XFX Nvidia 9800GT graphic card online from a dealer at Mumbai, with 3 years warranty.
This graphic card had been thrice replaced by your company – once when your New Delhi office refused to entertain the complaint, it had to be sent back to the dealer at Mumbai who got the same replaced and sent it back with your computerized replacement slip. Second time your official accepted the faulty card with great reluctance and gave the replacement after about 10 days. This card again went faulty and was submitted with your service center at New Delhi vide I/W Ch. # 3637 dated 28/10/10.
Your Vasai office took 15 days to give a replacement to your New Delhi office and that too after that the undersigned called up your Vasai office on STD. and spoke to your Mr. Raj for early replacement/repair. and later intentionally and with malafide sent me a different version of the XFX Nvidia 9800GT graphic card requiring 500 watts of power supply as against the one which required only 450 watts of power supply. Not only that when undersigned raised the issue of the delay and wrong replacement thru email, Mr. Ashok Goenka showed no courtesy to regret the delay and or the inconvenience caused to me due to wrong replacement. I had very specifically wrote him that I have Cool master 460 watts PSU in my computer and as such the graphic card sent by him requiring 500 watts of supply is not performing and due to inadequate PSU the display disappears intermittently. After getting the different version of the same model of the graphic card in question when I called up Mr. Ashok Goenka at his Vasai office Mr. Ashok Goenka went to the extent to tell me that he had not invited me to buy the said graphic card from his company.
I therefore call upon you to replace the graphic card ( PV-T98G-YDDF), sent by you with exact version of XFX Nvidia Geforce 9800GT that is PV-T98G-YDD4 which was submitted for repair at your service center at New Delhi, within 72 hours of the receipt of this mail and also increase the warranty by another 3 months as a compensation failing which I would be constrained to file a legal suit for the damages in the consumer court at New Delhi totally at your cost, risk & peril.
Yours Sincerely,
New Delhi Sqn. Ldr. Raman Jhanjee (Retd)
22Dec.’10 New Delhi - 110018
This Mr. Rajkumar is incharge of Rashi's RMA section at Vasai, Mumbai and is working under Mr. Ashok Goenka who is Service support head and also sits at Vasai office. Just imagine Mr. Rajkumar writing to me that card is not sold by them and as a gesture (Of goodwill) they had replaced it at an earlier occassion.
I would very humbly request my younger generation, which is more intelligent & practica,l to minutely go thru the whole trail of emails and then decide about this "RASHI PERIPHERALS". No company can ever go to the extent, adopting cheap tactics, by asking its customers to approach the seller. Coz I have told them that the card was bought 'online'. I have collected enough evidence in form of customers woes published on the net against this Rashi Peripherals.
At one place I was reading that this company is not bad but its only the employees. And I fully agree with it.
I have edited my email ID but anyone can contact me thru PM for any legal help & advise in consumer matters.
Pl remember! all your purchases - even made 'online', are governed by Consumer Protection Act 1986 and you dont have to file a consumer complaint in the seller's city but you can in your own city. You do not need to hire any advocate; pay just Rs. 100 as court fee; speak/plead your case in your own local language as the Judges of the Consumer court are retd. Judges - sometimes retd. Govt. officers. Therefore pleading case in Consumer court is similar to going to any company & explaining your problem about the product and requesting for repair/replacement. Never forget to ask for damages towards the inconvenience caused to you due to indefferent attitude of the company resulting in filing the Consumer Complaint.
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nbaztec
Master KOD3R
Re: Rashi Peripheral Cheating with XFX Graphic Card Warranty - ReSolved
Ownage! About time someone stood upto these scoundrels for harassing customers.
FYI: Consumer Courts do *NOT* delay justice *NEITHER* are expensive towards the petitioner. You're charged Re. 1/- & can fight your own case. The company is liable to appear to the hearing else is fined along with a charge for "contempt of court".
Ownage! About time someone stood upto these scoundrels for harassing customers.
FYI: Consumer Courts do *NOT* delay justice *NEITHER* are expensive towards the petitioner. You're charged Re. 1/- & can fight your own case. The company is liable to appear to the hearing else is fined along with a charge for "contempt of court".
OP
The Sorcerer
oh wow...Xenforo!!!
First post modified:
Cheers.
Cheers.
@Battleaxe
Did you really went to Court ?
If so, kindly pls let us know the outcome.
Have you received the the Card you wanted from them ?
To Bring to Light Some of the FACTS guys !! Just Read Below.
First : You cannot send any LEGAL NOTICE to anyone like you have done.
Second : If you geniuenly have any intentions of giving LEGAL NOTICE to someone, you need to hire an Advocate to do so.
Third : All LEGAL NOTICE can be served by an Advocate in his OWN letterhead only.
Fourth : As in your case RASHI people did replace your card with a different model. It is always not possible to replace the same model of product by any company. (suppose if the original card which you had is now not manufactured by the company anymore but your card is still under warranty then they have the right to give you any NEW product similar in nature and workmanship to you. ) This is legally correct.
Fifth : The company has the full right to ask you to submit the Original Copy of the Invoice and other documents for varification.
Sixth : To avoid them from asking for documents again and again, you must submit your documents and ask them to verify that they have received such documents from you at the time of submission itself.
Seventh : However, you can still go to Consumer Court if there was unexpected delay in providing you the NEW card. (Only if they have a policy which says that they will repair/replace the product in such time period, which most companies never have such a policy by the way!!)
Did you really went to Court ?
If so, kindly pls let us know the outcome.
Have you received the the Card you wanted from them ?
To Bring to Light Some of the FACTS guys !! Just Read Below.
First : You cannot send any LEGAL NOTICE to anyone like you have done.
Second : If you geniuenly have any intentions of giving LEGAL NOTICE to someone, you need to hire an Advocate to do so.
Third : All LEGAL NOTICE can be served by an Advocate in his OWN letterhead only.
Fourth : As in your case RASHI people did replace your card with a different model. It is always not possible to replace the same model of product by any company. (suppose if the original card which you had is now not manufactured by the company anymore but your card is still under warranty then they have the right to give you any NEW product similar in nature and workmanship to you. ) This is legally correct.
Fifth : The company has the full right to ask you to submit the Original Copy of the Invoice and other documents for varification.
Sixth : To avoid them from asking for documents again and again, you must submit your documents and ask them to verify that they have received such documents from you at the time of submission itself.
Seventh : However, you can still go to Consumer Court if there was unexpected delay in providing you the NEW card. (Only if they have a policy which says that they will repair/replace the product in such time period, which most companies never have such a policy by the way!!)
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@Battleaxe
Did you really went to Court ?
If so, kindly pls let us know the outcome.
Have you received the the Card you wanted from them ?
To Bring to Light Some of the FACTS guys !! Just Read Below.
First : You cannot send any LEGAL NOTICE to anyone like you have done.
Second : If you geniuenly have any intentions of giving LEGAL NOTICE to someone, you need to hire an Advocate to do so.
Third : All LEGAL NOTICE can be served by an Advocate in his OWN letterhead only.
Fourth : As in your case RASHI people did replace your card with a different model. It is always not possible to replace the same model of product by any company. (suppose if the original card which you had is now not manufactured by the company anymore but your card is still under warranty then they have the right to give you any NEW product similar in nature and workmanship to you. ) This is legally correct.
Fifth : The company has the full right to ask you to submit the Original Copy of the Invoice and other documents for varification.
Sixth : To avoid them from asking for documents again and again, you must submit your documents and ask them to verify that they have received such documents from you at the time of submission itself.
Seventh : However, you can still go to Consumer Court if there was unexpected delay in providing you the NEW card. (Only if they have a policy which says that they will repair/replace the product in such time period, which most companies never have such a policy by the way!!)
Beside Computer hardware & Peripherals, theirs so much in the world to learn. And to enlighten your knowledge base I'm submitting the reply para wise.
Some people are just a child to see the things in black or in white; with an end or with a beginning!
Your facts are distorted and misleading; far from truth.
Article 14 of the Indian constitution allows right of equality. All courts in India, including Honorable Supreme Court of India allows every citizen to plead his/her case 'in person' without any assistant from any lawyer. No court can ever stop you from pleading your case yourself because if you talk nonsense then case will go against you; and if you are disrespectful, arrogant and/or rude you'll be charge under contempt. Therefore you can not only plead (fight) your own case; you can also serve legal notice to the other party.As it is mandatory before filing a legal suit that you should give notice to other party. Since you write your intentions of taking legal recourse against him, it becomes legal notice - whether particular sections are mentioned in it or not.
Now when a person can plead his case himself then why cant he serve legal notice himself?
You can serve notice to anyone when cause of action is made out.
Can you show me C.P.C (code of civil procedure) where it is mentioned that you cant serve notice yourself or that it has to be written on a letterhead of advocate.
C.P.C governs everything about civil cases like Cr.P.C (criminal Procedure code) governs the criminal cases.
You do not need any advocate only if you can express yourself logically in the court and conduct yourself in a decent way.
I wish I could paste here the notice and its reply received from Mr. Rajkumar of Rashi, Vasai.
When documents like invoice are submitted at the time of giving the item for repair/replacement to the official accepting the item and the item is repaired/replaced then if second or the third time the invoice is again called for then it prima facie amounts to dilatory tactics on the part iof the company. You understand? (All records are available in their computers).
Secondly the company can replace the item, if it cannot carry out the repairs, But then replacement cannot be with old or inferuior model. The company is bound to provide you either the same model or the higher model. In my case the card was replaced by inferior model. There are so many instances where WD & Samsung provided 320GB HDD in place of 160GB to its customers.
Company has no right to ask for any document when a dispute has been raised about the repair/replacement. it proves their malafide. They are suppose to check the doct at the time of accepting the RMA. They cannot even claim that the item was later found to be burnt/damage. Once the item has been physically handed over to them in PERSON and RMA slip issued then company cannot claim at a later stage that item was broken/damage/mishandled. What were they doing when they accepted it. If papers were not in order why did they accept it.
When any person can fight his own case even in Honorable Supreme court of India, then realise that Consumer courts are made for customers to plead their cases themselves - that too in local language. When you write a final letter to defaulting company and tell them you'll be going to court it becomes legal notice whether you mention Sec. 12, 17 & 21 of Consumer protection Act of 1986 or not, it's a legal notice. Since the courts are over burden with litigation that they ask you. 'did you serve notice'. They never say notice by advocate.
Last not the least, it seems that instead of helping the members of this August Forum with legal knowledge you are trying to scare them. NO COMPANY HAS A POLICY OF CARRYING OUT REPAIR/REPLACEMENT BY PARTICULAR TIME SCHEDULE. However its always a reasonable time period which should not exceed 7 days. No body keeps 'stand by' parts to run their computers. Why do the Battery manufactures (Car or inverter) provide you with a service battery? why dont they ask you to use your Bike; or light a candle at home till they change your battery!!
Once again I would request my brother members not to pay any heed to the statement of "Tech&ME". It seems that the learned 'member' is pleading for the defaulting companies and not for the brother- members. Never take lying low. Its your hard earned money. You all should be proud of Indian judiciary. Though corrupt people are everywhere and its our politicians which makes some of the public servants corrupt but still our judicial officers are more honest and upright than any of their counterpart all over the world.
I dont know whats the date of hearing in consumer court for Rashi but I do know that 24th Feb is the date of hearing against Brother Printer service provider - Accel Frontline services for default in the support service. I will definitely keep the members posted about the developments.
Professional advocates/lawyers only help in citing the old decided cases in similar matter - known as 'case citation' for the judge to give the same ruling. But then its not always necessary to do so. The Retd. judges who preside over consumer courts are well aware of the tactics adopted by the companies. They are inclined to favour the customer provided he has come with the clean hands before the court. This mean that never hide anything from the court. place your facts at the first available opportunity.
I would definitely seek the permission of the Learned moderators to place the entire case file before this forum so that members are befitted .
@Battleaxe
Did you really went to Court ?
If so, kindly pls let us know the outcome.
Have you received the the Card you wanted from them ?
To Bring to Light Some of the FACTS guys !! Just Read Below.
First : You cannot send any LEGAL NOTICE to anyone like you have done.
Second : If you geniuenly have any intentions of giving LEGAL NOTICE to someone, you need to hire an Advocate to do so.
Third : All LEGAL NOTICE can be served by an Advocate in his OWN letterhead only.
Fourth : As in your case RASHI people did replace your card with a different model. It is always not possible to replace the same model of product by any company. (suppose if the original card which you had is now not manufactured by the company anymore but your card is still under warranty then they have the right to give you any NEW product similar in nature and workmanship to you. ) This is legally correct.
Fifth : The company has the full right to ask you to submit the Original Copy of the Invoice and other documents for varification.
Sixth : To avoid them from asking for documents again and again, you must submit your documents and ask them to verify that they have received such documents from you at the time of submission itself.
Seventh : However, you can still go to Consumer Court if there was unexpected delay in providing you the NEW card. (Only if they have a policy which says that they will repair/replace the product in such time period, which most companies never have such a policy by the way!!)
I had mentioned that Rashi Peripherals case may take time but then the feb. 24th was the date for Brother Printer DCP 195C.
The Dispute Forum has ordered on 24/2/11 to Brother India International for the full refund of the amount spent by me on the printer and take back the printer.I will soon post the scan copy of the order.
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OP
The Sorcerer
oh wow...Xenforo!!!
20-02-11: Gets a call- Card is dispatched to Prime
25-02-11: Collects the card- its a brand new box packed (imported Feb 2011) sealed and fresh-from-the-oven Asus Xonar DX. Everyone can sense my sigh of relief.
skeletor
Chosen of the Omnissiah
Upload the scans to Free File Hosting Made Simple - MediaFire and share the links here.
Congrats !
I will stick to want I said earlier.
I think you are TOO intelligent but you are mistaken my friend.
1. Yes Article 14 says what you said but:
NO ONE CAN SEND A LEGAL NOTICE TO ANYONE HIMSELF/HERSELF.
Any such letter send by a common man to another person or company doesnot constitute to be a LEGAL notice, however it is considered as a plain NOTICE or expression of intention to move to court only. Hence, a common man cannot send a LEGAL NOTICE himself. Understood ?
2. Any letter of intention to move to court or Notice or LEGAL NOTICE served by a lawyer cannot be sent by e-mail. It should be sent " Under Certificate of Post" or by "Registered Mail".
3. In most cases e-mail is not admissible in a court of law unless it is backed by circumstantial evidence.
Read once again what I had said earlier, however I repeat:
1. Always submit the documents as asked or required and take or obtain a valid receipt for it.
2. In case, the company forgot to ask for a particular document or you refused to submit a particular document , (at the time of complain registration) then they (company) have the FULL right to request you to submit the same.
How can a company promise you that a particular repair/replacement will be done in a definite time period.
Repair may require availability of ready parts, etc and various other reasons.
NO COMPANY IN THIS WORLD WILL PROMISE YOU THIS. NOR THE LAW CAN FORCE ANY COMPANY TO PROMISE THIS TO THEIR CUSTOMERS.
Think logically.
Yes, however, if their is too much delay in repair / replacement you can ask for compensation for the same which the Honour'able Court will decide over.
Car manufacturer provide you with temporary battery out of gesture only. They do so to retain their customer and make goodwill only.
Car manufacturers are not bound by LAW to do so. understood.
(Batteries are covered under separate warranty in cars and bikes in India, and is not manufactured by Car Manufacturers themselves in most Indian cases.)
And regarding Computer, its your problem how you will keep your computer up and running and not their's. If any part fails to funtion.
For example : If suppose your DELL laptop harddisk fails, does DELL provide you with temporary laptop to keep you carry out your work.(untill DELL repairs/replaces your laptop harddisk) ===== Answer is NO
Now don't ask people to belive in you and forget other in this Forum.
Dear Friends,
I would like to request all the members to read this (below links)
before you decide to move to Consumer Forum.
Direct Links to Consumer Protection Act (1986)
Describes about your rights / actions you can take , etc
I am giving below some excerpt in simple ENGLISH for the forum members:
CONSUMER PROTECTION ACT 1986 ( “CPA”) IN INDIA
The Consumer Protection Act, 1986 was enacted for better protection of the interests of consumers. The provisions of the Act came into force with effect from 15-4-87. Consumer Protection Act imposes strict liability on a manufacturer, in case of supply of defective goods by him, and a service provider, in case of deficiency in rendering of its services. The term “defect” and “deficiency”, as held in a catena of cases, are to be couched in the widest horizon of there being any kind of fault, imperfection or shortcoming. Furthermore, the standard, which is required to be maintained, in services or goods is not to be restricted to the statutory mandate but shall extend to that claimed by the trader, expressly or impliedly, in any manner whatsoever.
The salient features of the Act are:
(I) it covers all the sectors whether private, public, and cooperative or any person. The provisions of the Act are compensatory as well as preventive and punitive in nature and the Act applies to all goods covered by sale of goods Act and services unless specifically exempted by the Central Government;
(II) It enshrines the following rights of consumers:
(a) right to be protected against the marketing of goods and services which are hazardous to life and property; (b) right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices; (c) right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d) right to be heard and to be assured that consumers’ interests will receive due consideration at the appropriate fora; (e) right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education;
(III) The Act also envisages establishment of Consumer Protection Councils at the central, state and district levels, whose main objectives are to promote and protect the rights of consumers; (v) To provide a simple, speedy and inexpensive redressal of consumer grievances, the Act envisages a three-tier quasi-judicial machinery at the national, state and district levels. These are: National Consumer Disputes Redressal Commission known as National Commission, State Consumer Disputes Redressal Commissions known as State Commissions and District Consumer Disputes Redressal Forum known as District Forum; and
(IV) the provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
Definition of ‘Defect’ and ‘consumer’
Under the CPA, Consumer Forums at the District, State and National level have been specifically constituted to adjudicate claims of consumers for any “defect” in goods. A “defect” has been defined in Section 2(1) (f) of the Act as “any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to maintained by or under any law for the time being in force or under any contract, express or implied, or as is claimed by the trader (which includes the manufacturer) in any manner whatsoever in relation to any goods.”
It is important to mention herein that by virtue of Section 2 (1)(d) persons/entities who had purchased goods for ‘commercial purpose’ (other than those persons who have purchased goods for using them to earn their livelihood by means of self employment) are excluded from the scope of CPA; they cannot institute proceedings under the CPA even if there is any ‘defect’ in the goods purchased by them for using the goods for commercial purposes.
Purview of a ‘complaint’
According to the CPA, ‘Complaint’ means any of the following allegations made in writing by a complainant-
i. any unfair trade practice or a restrictive trade practice has been adopted by a trader,
ii. the goods hired or bought suffer from one or more defects
iii. The goods hired or availed of are deficient in any respect
iv. A trader has charged price in excess of price fixed by law or displayed on the goods or any package containing goods
v. Goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law requiring traders to display information in regard to the contents, manner and effect or use of such goods.
Grant of Reliefs under CPA
On arriving at a finding of defect in the goods according to Section 14 CPA, the jurisdictional Consumer Forum may direct one or more of the following: (i) to remove the defect; (ii) to replace the goods with new goods of similar description which shall be free from any defect; (iii) to return to the complainant the price; (iv) to pay such amount as may be awarded as compensation to the consumer for the loss or injury suffered by the consumer due to the negligence of the opposite party; (v) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them; (vi) to cease and desist manufacture of hazardous goods; (vii) to pay such sums as orders if injury/loss is suffered by a large number of consumers not identifiable conveniently; (viii) to issue corrective advertisement for neutralizing effect of misleading advertisement; (ix) not to offer the hazardous goods for sale; (x) to withdraw the hazardous goods from being offered for sale; (xi) to provide for adequate costs to parties (the Complainant).
There exists no clear pronouncement of the Supreme Court (the apex court in India) till date on whether the liability under the CPA is strict or fault based. However, failure to conform to the standards required under any law, contract or representations of the trader are sufficient to constitute a defect. Furthermore, under Section 14 of the CPA as explained hereinabove, it is only the remedy of compensation that requires the claimant to necessarily prove negligence. In the case of Abhaya Kumar Panda v. Bajaj Auto [(1991) 2 CPJ 644], the Orissa State Commission directed repair of the goods, even though there was no intentional defect. Thus, the defence of no negligence may not be accepted by Consumer forums.
Validity of Limitation of liability clauses
Contractual liability has a role to play in product liability claims under the CPA. Courts in India have upheld limitation of liability clauses, which parties have specifically agreed to in the contract as recognized by the Supreme Court in Bharathi Knitting Company v DHL Worldwide Express Courier (1996) 4 SCC 704. However, such clauses may be struck down if found to be unconscionable in nature. In Maruti Udyog v. Susheel Kumar Gabgotra, [(2006) 4 SCC 644], the manufacturer of the vehicle had stipulated a warranty clause limiting its liability to merely repair the defects found if any. In view of this clause, the Supreme Court reversed the findings of the National Commission to replace the defective goods and held that the liability of the manufacture was confined to repairing the defect. Compensation was, however, awarded for travel charges to the complainant, which was incurred due to the fault of the car manufacturer.
Applicability of other laws
Section 3 of the CPA provides that the Act is in addition to and not in derogation of any other law. The Supreme Court in Secretary, Thirumurugan Co-operative Agricultural Credit Society v. M. Lalitha, [(2004) 1 SCC 305] has interpreted the above provision to mean that the remedies provided under the CP Act are in addition to the remedies provided under other statutes. Hence, the fact that a remedy is specifically provided for under another statute would not necessarily oust the jurisdiction of the appropriate authority under the CP Act. It has been further held that if forums under one statute and the CP Act are approached, then it is for the appropriate authority to permit the parties to opt between the consumer forum and the other forum, depending on the facts and circumstances of the case.
Establishment of Consumer forums
At present, there are 34 State Commissions, one in each State/UT and 571 district fora besides the National Commission. The state governments are responsible to set up the district fora and the State Commissions. States have been empowered to establish additional District Forum and also additional members in the State Commission to facilitate constituting benches and also for holding circuit benches. The Central Government is empowered to establish the National Commission. It has been empowered to appoint additional members to facilitate creation of more benches and holding of circuit benches. The second bench of the National Commission started functioning from 24 September 2003. The government is monitoring the disposal of cases by the consumer courts through National Commission. As per the current statistics, since its inception and up to 5.9.2008 , 2559451 cases were filed out of which 2327035 cases were disposed of by the District forums in various states of India .
Jurisdiction under Consumer Protection Act 1986
The District Forum has the jurisdiction to entertain complaints where the value of the goods or services and the compensation , if any, claimed, is less than INR 50,000. A State Commission has the jurisdiction to entertain complaints where the value of the goods or services and the compensation , if any, claimed exceeds 500,000 rupees but does not exceed 2 million rupees. It is also appellate forum for orders of the District forum. The National Commisssion has the jurisdiction to entertain complaints where the value of goods and services and the compensation exceeds two million rupees and also hears the appeals against the orders of the State Commission.
Period of limitation
A complaint is only admitted by any of the competent forums under CPA if it is filed within two years from the date on which the cause of action has arisen but it may be entertained after the said period after recording its reasons for condoning such delay , if the complainant satisfies that he had a sufficient cause for not filing the complaint within period of two years .
Procedure to file a complaint
A complaint can be filed in a District Forum or as per pecuniary jurisdiction in another forum within local limits of whose jurisdiction the opposite party or any of the opposite parties resides or carries on business, or has a branch office or personally works for gain.
Class actions
Under CPA Section 2 (1) (b) permits filing of a complaint by a consumer, any voluntary consumer association registered under companies Act 1956 or under any other law, the State government or Central Government, one or more consumers where number of consumers have same interest, incase of death of a consumer , his legal representative may ,make a complaint.
Penalty under Section 27 CPA
According to CPA ,where a trader or the complainant fails to comply with an order made by the relevant consumer forum , such person is liable to a punishment with imprisonment for a term which is not less than one month but which may extend to three years or with fine of not less than two thousand rupees but which may extend to ten thousand rupees or with both.
Hope this will help the Forum Members.
Some Real Cases precided by the Honor'ble Comsumer Court
Please visit the links below:
Tata Motors Ltd. V. Sardar Ranjeet Singh
Tata Engineering and Locomotive Co. Ltd Versus Sunil Bhasin
There are many other cases which the members can look at : Here
I think you are TOO intelligent but you are mistaken my friend.
1. Yes Article 14 says what you said but:
NO ONE CAN SEND A LEGAL NOTICE TO ANYONE HIMSELF/HERSELF.
Any such letter send by a common man to another person or company doesnot constitute to be a LEGAL notice, however it is considered as a plain NOTICE or expression of intention to move to court only. Hence, a common man cannot send a LEGAL NOTICE himself. Understood ?
2. Any letter of intention to move to court or Notice or LEGAL NOTICE served by a lawyer cannot be sent by e-mail. It should be sent " Under Certificate of Post" or by "Registered Mail".
3. In most cases e-mail is not admissible in a court of law unless it is backed by circumstantial evidence.
Read once again what I had said earlier, however I repeat:
1. Always submit the documents as asked or required and take or obtain a valid receipt for it.
2. In case, the company forgot to ask for a particular document or you refused to submit a particular document , (at the time of complain registration) then they (company) have the FULL right to request you to submit the same.
How can a company promise you that a particular repair/replacement will be done in a definite time period.
Repair may require availability of ready parts, etc and various other reasons.
NO COMPANY IN THIS WORLD WILL PROMISE YOU THIS. NOR THE LAW CAN FORCE ANY COMPANY TO PROMISE THIS TO THEIR CUSTOMERS.
Think logically.
Yes, however, if their is too much delay in repair / replacement you can ask for compensation for the same which the Honour'able Court will decide over.
Car manufacturer provide you with temporary battery out of gesture only. They do so to retain their customer and make goodwill only.
Car manufacturers are not bound by LAW to do so. understood.
(Batteries are covered under separate warranty in cars and bikes in India, and is not manufactured by Car Manufacturers themselves in most Indian cases.)
And regarding Computer, its your problem how you will keep your computer up and running and not their's. If any part fails to funtion.
For example : If suppose your DELL laptop harddisk fails, does DELL provide you with temporary laptop to keep you carry out your work.(untill DELL repairs/replaces your laptop harddisk) ===== Answer is NO
Now don't ask people to belive in you and forget other in this Forum.
Dear Friends,
I would like to request all the members to read this (below links)
before you decide to move to Consumer Forum.
Direct Links to Consumer Protection Act (1986)
Describes about your rights / actions you can take , etc
I am giving below some excerpt in simple ENGLISH for the forum members:
CONSUMER PROTECTION ACT 1986 ( “CPA”) IN INDIA
The Consumer Protection Act, 1986 was enacted for better protection of the interests of consumers. The provisions of the Act came into force with effect from 15-4-87. Consumer Protection Act imposes strict liability on a manufacturer, in case of supply of defective goods by him, and a service provider, in case of deficiency in rendering of its services. The term “defect” and “deficiency”, as held in a catena of cases, are to be couched in the widest horizon of there being any kind of fault, imperfection or shortcoming. Furthermore, the standard, which is required to be maintained, in services or goods is not to be restricted to the statutory mandate but shall extend to that claimed by the trader, expressly or impliedly, in any manner whatsoever.
The salient features of the Act are:
(I) it covers all the sectors whether private, public, and cooperative or any person. The provisions of the Act are compensatory as well as preventive and punitive in nature and the Act applies to all goods covered by sale of goods Act and services unless specifically exempted by the Central Government;
(II) It enshrines the following rights of consumers:
(a) right to be protected against the marketing of goods and services which are hazardous to life and property; (b) right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so as to protect the consumers against unfair trade practices; (c) right to be assured, wherever possible, access to a variety of goods and services at competitive prices; (d) right to be heard and to be assured that consumers’ interests will receive due consideration at the appropriate fora; (e) right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education;
(III) The Act also envisages establishment of Consumer Protection Councils at the central, state and district levels, whose main objectives are to promote and protect the rights of consumers; (v) To provide a simple, speedy and inexpensive redressal of consumer grievances, the Act envisages a three-tier quasi-judicial machinery at the national, state and district levels. These are: National Consumer Disputes Redressal Commission known as National Commission, State Consumer Disputes Redressal Commissions known as State Commissions and District Consumer Disputes Redressal Forum known as District Forum; and
(IV) the provisions of this Act are in addition to and not in derogation of the provisions of any other law for the time being in force.
Definition of ‘Defect’ and ‘consumer’
Under the CPA, Consumer Forums at the District, State and National level have been specifically constituted to adjudicate claims of consumers for any “defect” in goods. A “defect” has been defined in Section 2(1) (f) of the Act as “any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to maintained by or under any law for the time being in force or under any contract, express or implied, or as is claimed by the trader (which includes the manufacturer) in any manner whatsoever in relation to any goods.”
It is important to mention herein that by virtue of Section 2 (1)(d) persons/entities who had purchased goods for ‘commercial purpose’ (other than those persons who have purchased goods for using them to earn their livelihood by means of self employment) are excluded from the scope of CPA; they cannot institute proceedings under the CPA even if there is any ‘defect’ in the goods purchased by them for using the goods for commercial purposes.
Purview of a ‘complaint’
According to the CPA, ‘Complaint’ means any of the following allegations made in writing by a complainant-
i. any unfair trade practice or a restrictive trade practice has been adopted by a trader,
ii. the goods hired or bought suffer from one or more defects
iii. The goods hired or availed of are deficient in any respect
iv. A trader has charged price in excess of price fixed by law or displayed on the goods or any package containing goods
v. Goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law requiring traders to display information in regard to the contents, manner and effect or use of such goods.
Grant of Reliefs under CPA
On arriving at a finding of defect in the goods according to Section 14 CPA, the jurisdictional Consumer Forum may direct one or more of the following: (i) to remove the defect; (ii) to replace the goods with new goods of similar description which shall be free from any defect; (iii) to return to the complainant the price; (iv) to pay such amount as may be awarded as compensation to the consumer for the loss or injury suffered by the consumer due to the negligence of the opposite party; (v) to discontinue the unfair trade practice or the restrictive trade practice or not to repeat them; (vi) to cease and desist manufacture of hazardous goods; (vii) to pay such sums as orders if injury/loss is suffered by a large number of consumers not identifiable conveniently; (viii) to issue corrective advertisement for neutralizing effect of misleading advertisement; (ix) not to offer the hazardous goods for sale; (x) to withdraw the hazardous goods from being offered for sale; (xi) to provide for adequate costs to parties (the Complainant).
There exists no clear pronouncement of the Supreme Court (the apex court in India) till date on whether the liability under the CPA is strict or fault based. However, failure to conform to the standards required under any law, contract or representations of the trader are sufficient to constitute a defect. Furthermore, under Section 14 of the CPA as explained hereinabove, it is only the remedy of compensation that requires the claimant to necessarily prove negligence. In the case of Abhaya Kumar Panda v. Bajaj Auto [(1991) 2 CPJ 644], the Orissa State Commission directed repair of the goods, even though there was no intentional defect. Thus, the defence of no negligence may not be accepted by Consumer forums.
Validity of Limitation of liability clauses
Contractual liability has a role to play in product liability claims under the CPA. Courts in India have upheld limitation of liability clauses, which parties have specifically agreed to in the contract as recognized by the Supreme Court in Bharathi Knitting Company v DHL Worldwide Express Courier (1996) 4 SCC 704. However, such clauses may be struck down if found to be unconscionable in nature. In Maruti Udyog v. Susheel Kumar Gabgotra, [(2006) 4 SCC 644], the manufacturer of the vehicle had stipulated a warranty clause limiting its liability to merely repair the defects found if any. In view of this clause, the Supreme Court reversed the findings of the National Commission to replace the defective goods and held that the liability of the manufacture was confined to repairing the defect. Compensation was, however, awarded for travel charges to the complainant, which was incurred due to the fault of the car manufacturer.
Applicability of other laws
Section 3 of the CPA provides that the Act is in addition to and not in derogation of any other law. The Supreme Court in Secretary, Thirumurugan Co-operative Agricultural Credit Society v. M. Lalitha, [(2004) 1 SCC 305] has interpreted the above provision to mean that the remedies provided under the CP Act are in addition to the remedies provided under other statutes. Hence, the fact that a remedy is specifically provided for under another statute would not necessarily oust the jurisdiction of the appropriate authority under the CP Act. It has been further held that if forums under one statute and the CP Act are approached, then it is for the appropriate authority to permit the parties to opt between the consumer forum and the other forum, depending on the facts and circumstances of the case.
Establishment of Consumer forums
At present, there are 34 State Commissions, one in each State/UT and 571 district fora besides the National Commission. The state governments are responsible to set up the district fora and the State Commissions. States have been empowered to establish additional District Forum and also additional members in the State Commission to facilitate constituting benches and also for holding circuit benches. The Central Government is empowered to establish the National Commission. It has been empowered to appoint additional members to facilitate creation of more benches and holding of circuit benches. The second bench of the National Commission started functioning from 24 September 2003. The government is monitoring the disposal of cases by the consumer courts through National Commission. As per the current statistics, since its inception and up to 5.9.2008 , 2559451 cases were filed out of which 2327035 cases were disposed of by the District forums in various states of India .
Jurisdiction under Consumer Protection Act 1986
The District Forum has the jurisdiction to entertain complaints where the value of the goods or services and the compensation , if any, claimed, is less than INR 50,000. A State Commission has the jurisdiction to entertain complaints where the value of the goods or services and the compensation , if any, claimed exceeds 500,000 rupees but does not exceed 2 million rupees. It is also appellate forum for orders of the District forum. The National Commisssion has the jurisdiction to entertain complaints where the value of goods and services and the compensation exceeds two million rupees and also hears the appeals against the orders of the State Commission.
Period of limitation
A complaint is only admitted by any of the competent forums under CPA if it is filed within two years from the date on which the cause of action has arisen but it may be entertained after the said period after recording its reasons for condoning such delay , if the complainant satisfies that he had a sufficient cause for not filing the complaint within period of two years .
Procedure to file a complaint
A complaint can be filed in a District Forum or as per pecuniary jurisdiction in another forum within local limits of whose jurisdiction the opposite party or any of the opposite parties resides or carries on business, or has a branch office or personally works for gain.
Class actions
Under CPA Section 2 (1) (b) permits filing of a complaint by a consumer, any voluntary consumer association registered under companies Act 1956 or under any other law, the State government or Central Government, one or more consumers where number of consumers have same interest, incase of death of a consumer , his legal representative may ,make a complaint.
Penalty under Section 27 CPA
According to CPA ,where a trader or the complainant fails to comply with an order made by the relevant consumer forum , such person is liable to a punishment with imprisonment for a term which is not less than one month but which may extend to three years or with fine of not less than two thousand rupees but which may extend to ten thousand rupees or with both.
Hope this will help the Forum Members.
Some Real Cases precided by the Honor'ble Comsumer Court
Please visit the links below:
Tata Motors Ltd. V. Sardar Ranjeet Singh
Tata Engineering and Locomotive Co. Ltd Versus Sunil Bhasin
There are many other cases which the members can look at : Here
Last edited:
Rashi RMA number: 330000003735
Date of purchase: 4th January 2011
Date of RMA: 7th April 2011
City: Kolkata, India
The incident in chronological manner:
Rashi peripherals offers 3 years Replacement Warranty on every ASUS graphic cards.
I've bought a ASUS GTX 580 1.5GB GDDR5 graphics card on 4th January 2011 from Arihant Infotech.
4th April 2011 - There was no display coming out of the graphic card so I sent it for RMA on 7th April 2011.
After verifying and testing the card throughly their service engineer told me that the card is bad and I will get a replacement for the card and Rashi peripherals accepted it for RMA. They told me to inquire on 12th April 2011.
11th April 2011 - I called up & Mr. Shambu Das said it's in processing call on 18th April 2011.
18th April 2011 - I called up & Mr. Shambu Das said it's in processing. He will inform me in a Day or Two.
20th April 2011 - Since I got no call I called up in the afternoon & Mr. Shambu Das said it's in processing. He will inform me in the evening if he can give another brands card.
21st April 2011 - Since I got no call on 20th evening I called up & Mr. Shambu Das said it's in processing & no other brand is available & ASUS isn't in stock & it will take 2-3 weeks more.
The card is still in Rashi's Kolkata Service Center.
5 weeks for a simple replacement is unacceptable in my opinion.
Date of purchase: 4th January 2011
Date of RMA: 7th April 2011
City: Kolkata, India
The incident in chronological manner:
Rashi peripherals offers 3 years Replacement Warranty on every ASUS graphic cards.
I've bought a ASUS GTX 580 1.5GB GDDR5 graphics card on 4th January 2011 from Arihant Infotech.
4th April 2011 - There was no display coming out of the graphic card so I sent it for RMA on 7th April 2011.
After verifying and testing the card throughly their service engineer told me that the card is bad and I will get a replacement for the card and Rashi peripherals accepted it for RMA. They told me to inquire on 12th April 2011.
11th April 2011 - I called up & Mr. Shambu Das said it's in processing call on 18th April 2011.
18th April 2011 - I called up & Mr. Shambu Das said it's in processing. He will inform me in a Day or Two.
20th April 2011 - Since I got no call I called up in the afternoon & Mr. Shambu Das said it's in processing. He will inform me in the evening if he can give another brands card.
21st April 2011 - Since I got no call on 20th evening I called up & Mr. Shambu Das said it's in processing & no other brand is available & ASUS isn't in stock & it will take 2-3 weeks more.
The card is still in Rashi's Kolkata Service Center.
5 weeks for a simple replacement is unacceptable in my opinion.