Speed Post/E-Mail
Dated: 17/12/2021
WITHOUT PREJUDICE
To
1. STYLEFORME.IN
The CEO/Manager/Director,
Registered office: Plot No. 3, Sector 18,
Vashi, Navi Mumbai, Maharastra 400703
Email:- sales@styleforme.in
2. Also at:-
Shipping office
Sector 17, Vashi,
Navi Mumbai, Maharastra 400703
3. Also at:-
Workshop
Hill Road, Bandra,
Mumbai, Maharastra 400050
Subject: Legal Notice seeking replacement of the “Product” (Couple
Sleepwear soft cotton Netflix and chill) having Order number 5094 or
refund the amount of Rs. 2930/- alongwith interest @ 18% per annum
from the date of buying and also pay damages for an amount of Rs.
5,000/- on account of mental agony, harassment and unfair trade
practices.
OUR CLIENT: Mr. Anshul Gupta, R/o LGF C-38 Pancsheel
Enclave New Delhi 110017. ( hereinafter referred to as “our client”)
Our client, above named, has retained us with instructions given in
person at our above-mentioned office at Delhi, to serve you, the above
named addressee(s)/Noticee(s), with notice to the following effect, in
the facts and the circumstances as briefly described herein below:-
1. That our client is a law-abiding citizen of India and is residing at the
aforesaid address.
2. That based on various luring advertisements, assurances and
promises of you the Noticee, Our Client had purchased Couple
Sleepwell soft cotton Netflix and chill (hereinafter referred to as
“Product”) for an amount of Rs.2,930/- (Rs.Two thousand nine
hundred and thirty only), Rs.2,855/- for the product and an
additional Rs.75/- for shipping of you Noticee’s from your e-commerce
website.
3. That on 1.12.2021 our client placed an order for the said Product
based on various luring advertisements on the social media.
4. That at the time of placing the order, it was assured to our client that
the product will be shipped within 3-4 days.
5. That based on that assurance, the advertisements and reviews of the
Product my client placed the order.
6. That our client waited patiently for 6 days, and during this period the
Noticee did not send any type of communication to justify this delay in
shipment.
7. That on 7.12.2021, our client called the customer service executive of
the Noticee, and my client was assured that Product will reach them
within 1-2 days.
8. Thereafter our client repeatedly called the noticee on 9.12.2021 and
10.12.2021 and tried to get an answer for this unjustifiable delay.
9. That on 11.12.2021, our client gets an update that the Product has
been packed and is ready for shipment.
10. That on 14.12.2021 our client received the Product and the Product
was a smaller size than what was ordered.
11. That on 16.12.2021 our client asked the Noticee via customer care
executive for the return and replacement of the product with correct
size.
12. That even after calling the customer care executive of the Noticee on
16.12.2021 and 17.12.2021 regarding the return and replacement of
the Product, no one actually came to collect it
13. That the noticee has a 30 days return/refund policy.
14. That even after so much of harassment and mental agony caused to
Our Client, because of the delay in the delivery of the product and
then after due to the size of the product. Our Client’s issue till date
had not been resolve from the side of the Noticee, and as the Noticee is
playing the delay tactics with Our Client and no resolution can be
reached for our client’s problem, our client had no option except to
take legal action against the Noticee.
15. That the above conduct of your executives & company shows the
unfair trade practices and that there is deficiency in service upon the
part of the Noticee’s and therefore the Noticee is liable under the
provisions of Consumer Protection Act as well as Indian Penal Code.
We therefore , call upon you the Noticee through this legal notice that you
the Noticee are liable to immediately replace the above Product of our
client in the desired size or pay the amount Rs. 2930/- along with interest
@18% per annum and also pay damages for an amount of Rs. 5,000/- for
harassment, pain and mental agony caused to our client on part of you
Noticee, within 15 days of the receipt of this legal notice, failing which we
have a right to take recource to the competent court of law and to file Civil
as well as Criminal complaints against you the Noticee under the above
provisions of Law, and also to seek other legal remedies including the
recovery of the said amount along with interest @ 18% per annum
accrued thereon and in that you will be held responsible for all costs and
consequences.
This notice is issued without prejudice to the rights and remedies
available to our client under the law and the facts. All rights of our client
stand reserved. A copy of this legal notice has been retained in my office
for further use and reference.
Nishant
(Legal Intern)
