Want to file case against Amazon, Flipkart, Bigbasket and Grofers
5 years ago
I had placed different orders on all these online shopping portal. The last order which i had placed with all of these portals had some issues individually. Amazon had blocked my account. Flipkart sent wrong item then the one ordered, didnt take the wrong product back and didnt refund the amount and also blocked the account. Bigbasket and grofers also blocked my account giving stupid reason. And didnt refund my money. I want my refund back and also my account to be unblocked on all these online apps. I files complaint against all of them,
but they closed my complaint over there and didnt refund my money. Please tell me whom to approach to file a proper case against all of them. And what will be the cost for all the procedures???
A.Dear Sir,
You have file. Proforma legal notice.
===========================================================================================================
(By Courier)
To Date: 30.04.2018
The Managing Director
M/s. Amazon India,
Brigade Gateway,
8th Floor,
No.26/1, Dr. Rajkumar Road,
Malleshwaram (W),
BENGALURU – 560 055
Karnataka
LEGAL NOTICE TO INITIATE CRIMINAL ACTION
Sir,
Sub: In the matter of online supply of fake goods that is laptop battery.
Ref: 1. Online Order No.403-2123484-4861124 dated 12.07.2016.
2. Online payment through Net Banking – HDFC Bank for Rs.1,090.98.
Under the instructions and authority of xxxxxxxxxxxxxxxxxx, the relevant documents placed before, basing upon such documentary evidence and oral instructions of my above client, I am privileged to issue this legal notice as under:
1. My client instructs me to state that, you are conducting online business under the name and style of “Amazon”. My client further instructs me to state that, having believed your reputation in online business, my client bonafidely placed an online order for “GIZGA (USA) 6 Cell Laptop Battery for Acer Aspire 4741/4740 6 Cell Compatible Laptop Battery” on your website and you have accepted the same by allotting # 403-2123484-4861124 on 12 July 2016. My client further instructs me to state that, payment was made through Net Banking – HDFC Bank for Rs.1,090.98. My client further instructs me to state that, it was so purchased by my client as description was made as “USA make” and the relevant link found at https://www.amazon.in/dp/B00R7QDFDY/ref=cm_sw_r_wa_awdb_t1_1oKNAbYQX172B .
2. My client further instructs me to state that, having received the amount, you have sent the above laptop battery to my client. My client further instructs me to state that, my client used it occasionally. My client further instructs me to state that, on 21.02.2018 in the morning hours he plugged in charger and went to his office. My client further instructs me to state that, to the surprise of my client, when he returned to his home he found the said laptop battery blasted and laptop was completely burned. My client further instructs me to state that, whole room was damaged. My client further instructs me to state that, the said item sent by you was nothing but a small bomb and blasted. My client further instructs me to state that, due to said blast the laptop was entirely burnt out and entire interiors of room was damaged causing total loss of Rs. 2,00,000/-. My client further instructs me to state that, after this incident the owner and neighbors abused my client and disrespected him many manners and also threatened him to file police complaint and see that he be behind the bars. Thus my client claims a sum of Rs.3,00,000/- towards mental agony and disrespect in the society.
3. My client further instructs me to state that, immediately my client made multiple calls to Amazon Customer Care but no fruitful action was taken on the complaint lodged by my client. My client further instructs me to state that, out of desperate, my client contacted Customer Care Representative via Chat Option but the reaction from other side was very bad and the representative didn’t care about complaint lodged by my client and there was no seriousness. My client further instructs me to state that, my client had told your representatives that he could have died if he would be present at the time of blast. My client further instructs me to state that, the Amazon Customer Care inspite of several follow ups through various modes and forums not ready to take any action and not compensated my client either in liquidated damages or in any other form. My client further instructs me to state that, my client reserves right to produce relevant documents at relevant time before relevant forums seeking appropriate action against your company. My client further instructs me to state that, the said item on close investigation found to be a China Make and not USA Make, thus your company represented while displaying the goods online which attracts several criminal offences the list of which may be perused in the attached schedule.
4. My client further instructs me to state that, without disclosing more, my client reserves all possible defenses which will be produced before the court of law if you fail to pay total compensation of Rs. 5,00,000/- within 15 days on receipt of this notice.
5. My client further instructs me to state that, if your company fail to react accordingly to this legal notice, my client would be advised to lodge a police complaint, to approach Hon’ble Metropolitan Magistrate for criminal action, further my client would be appropriately advised either to approach Hon’ble Consumer Court or Hon’ble Civil Court claiming damages of Rs. 5,00,000/-, which you have to note.
Cost of this notice is Rs. 25,000/-.
Yours faithfully,
(Kishan Dutt Kalaskar)
Encl: Schedule of offences under which criminal action proposed to be taken
You have file. Proforma legal notice.
===========================================================================================================
(By Courier)
To Date: 30.04.2018
The Managing Director
M/s. Amazon India,
Brigade Gateway,
8th Floor,
No.26/1, Dr. Rajkumar Road,
Malleshwaram (W),
BENGALURU – 560 055
Karnataka
LEGAL NOTICE TO INITIATE CRIMINAL ACTION
Sir,
Sub: In the matter of online supply of fake goods that is laptop battery.
Ref: 1. Online Order No.403-2123484-4861124 dated 12.07.2016.
2. Online payment through Net Banking – HDFC Bank for Rs.1,090.98.
Under the instructions and authority of xxxxxxxxxxxxxxxxxx, the relevant documents placed before, basing upon such documentary evidence and oral instructions of my above client, I am privileged to issue this legal notice as under:
1. My client instructs me to state that, you are conducting online business under the name and style of “Amazon”. My client further instructs me to state that, having believed your reputation in online business, my client bonafidely placed an online order for “GIZGA (USA) 6 Cell Laptop Battery for Acer Aspire 4741/4740 6 Cell Compatible Laptop Battery” on your website and you have accepted the same by allotting # 403-2123484-4861124 on 12 July 2016. My client further instructs me to state that, payment was made through Net Banking – HDFC Bank for Rs.1,090.98. My client further instructs me to state that, it was so purchased by my client as description was made as “USA make” and the relevant link found at https://www.amazon.in/dp/B00R7QDFDY/ref=cm_sw_r_wa_awdb_t1_1oKNAbYQX172B .
2. My client further instructs me to state that, having received the amount, you have sent the above laptop battery to my client. My client further instructs me to state that, my client used it occasionally. My client further instructs me to state that, on 21.02.2018 in the morning hours he plugged in charger and went to his office. My client further instructs me to state that, to the surprise of my client, when he returned to his home he found the said laptop battery blasted and laptop was completely burned. My client further instructs me to state that, whole room was damaged. My client further instructs me to state that, the said item sent by you was nothing but a small bomb and blasted. My client further instructs me to state that, due to said blast the laptop was entirely burnt out and entire interiors of room was damaged causing total loss of Rs. 2,00,000/-. My client further instructs me to state that, after this incident the owner and neighbors abused my client and disrespected him many manners and also threatened him to file police complaint and see that he be behind the bars. Thus my client claims a sum of Rs.3,00,000/- towards mental agony and disrespect in the society.
3. My client further instructs me to state that, immediately my client made multiple calls to Amazon Customer Care but no fruitful action was taken on the complaint lodged by my client. My client further instructs me to state that, out of desperate, my client contacted Customer Care Representative via Chat Option but the reaction from other side was very bad and the representative didn’t care about complaint lodged by my client and there was no seriousness. My client further instructs me to state that, my client had told your representatives that he could have died if he would be present at the time of blast. My client further instructs me to state that, the Amazon Customer Care inspite of several follow ups through various modes and forums not ready to take any action and not compensated my client either in liquidated damages or in any other form. My client further instructs me to state that, my client reserves right to produce relevant documents at relevant time before relevant forums seeking appropriate action against your company. My client further instructs me to state that, the said item on close investigation found to be a China Make and not USA Make, thus your company represented while displaying the goods online which attracts several criminal offences the list of which may be perused in the attached schedule.
4. My client further instructs me to state that, without disclosing more, my client reserves all possible defenses which will be produced before the court of law if you fail to pay total compensation of Rs. 5,00,000/- within 15 days on receipt of this notice.
5. My client further instructs me to state that, if your company fail to react accordingly to this legal notice, my client would be advised to lodge a police complaint, to approach Hon’ble Metropolitan Magistrate for criminal action, further my client would be appropriately advised either to approach Hon’ble Consumer Court or Hon’ble Civil Court claiming damages of Rs. 5,00,000/-, which you have to note.
Cost of this notice is Rs. 25,000/-.
Yours faithfully,
(Kishan Dutt Kalaskar)
Encl: Schedule of offences under which criminal action proposed to be taken
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Ashish K Dongre
Responded 5 years ago
A.You can approach consumer forum. Send them a legal notice first.
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Anonymous
Replied 5 years ago
As already mentioned in my question, i had already contacted consumer forum but all these shopping sites team people close my complaint over there... What next i can do tell me? How to send legal notice and whom to approach for the same? How much it il cost me? By sending legal notice, is there any gurantee that i will get my refund back and also get all my accounts activated?
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