Ref.: AKS / MKH / ___________ / 14 Dated : __________________ 2014.
To,
1.
M/s.
Future Automobile Agency Private Limited, Dey Motors Compound, NH – 6,
Chamrail, Kona, Howrah – 711114.
2.
M/s.
Eicher Motors Limited, 102, Industrial Area No.1, SEZ, Pitampura, District
Dhar, Madhya Pradesh, PIN – 454775.
3.
M/s.
VE Commercial Vehicles Limited, having Registered Office at 3rd
Floor, Select Cotywalk, A-3, District Centre, Saket, New Delhi – 110 017.
4.
M/s.
VE Commercial Vehicles Limited, having Regional Office at 1st floor,
PS Tower, 13, Bondel Road – 700 017.
5.
M/s.
VE Commercial Vehicles Limited, having office at 1st floor, 96,
Institutional Area, Sector 32, Gurgaon – 122002, Haryana.
6.
M/s.
VE Commercial Vehicles Limited, having office at 22/2, Yeshwant Niwas Road,
Indore – 452003, Madhya Pradesh.
Ref.:
|
Sl.
No. |
Particulars’ |
Numbers’ |
|
1 |
Model |
11.12K
F/L CWC BSIII |
|
2 |
Chassis
No. |
MC260KRTODA079186 |
|
3 |
Engine
No. |
E
- 483CDDA601667 |
My Client : Shri Hemanta Adhikary,
of Village – Dakshinalay, Post Office – Rajarampur, P.S. - Falta, District –
South 24 Parganas, Pin - 743504.
Dear
Sir/s,
Under instructions of my client Shri
Hemanta Adhikary, of Village – Dakshinalay, Post Office – Rajarampur, P.S. -
Falta, District – South 24 Parganas, Pin - 743504, I hereby states as follows :
1.
That
my client have had purchased above referred Eicher model Chassis and Engine
from M/s. Future Automobile Agency Private Limited, Dey Motors Compound, NH –
6, Chamrail, Kona, Howrah – 711114, through Bank Finance, and get delivery of
such Chassis and Engine, as on 02-08-2013.
2.
That
thereafter my client got the body of the bus constructed and the same was got
insured.
3.
That
on 15-10-2013, that is after two month of the purchase of the said Vehicle, the
engine of the bus in question broke down owing to manufacturing defect.
4.
That
you were apprised of the said fact, by my client and took the bus at your
service centre at M/s. Future Automobile Agency Private Limited, Dey Motors
Compound, NH – 6, Chamrail, Kona, Howrah – 711114, whereas you repaired the
engine and delivered to my client. But the manufacturing defects as owing in
engine of the bus on several occasions occurred and such facts was appraised to
you and you on several occasions repaired and or tried to repaired such engine
and delivered to my client though time and again, such defects continued and
the said engine go out of order and not worked.
5.
That
therefore my client is not able to run the said bus only due to the
manufacturing defects as owing in engine of the bus on several occasions
occurred and such facts was appraised to you and you on several occasions
repaired and or tried to repaired such engine and delivered to my client though
time and again, such defects continued and the said engine go out of order and
not worked.
6.
That
as the guarantee for engine and gear box run for a period of 36 months and rest
of the aggregate of the vehicle’s warranty is for 12 months from the date of
purchase, provided by you. My client seeks replacement of the defective engine
with the new engine in workable condition of the similar make of Eicher Motors
Limited.
7.
That
my client is suffering in terms of monetarily losses, mental agony, and
harassments, only due to the manufacturing defects as owing in engine of the
bus on several occasions occurred and such facts was appraised to you and you
on several occasions repaired and or tried to repaired such engine and
delivered to my client though time and again, such defects continued and the
said engine go out of order and not worked.
8.
That
my client is also suffering in terms of making payment of interest on finance
obtained by him, without any usages of the said bus purchased from you.
9.
That
your purported acts and deeds established as of the Unfair Trade Practices and
deficiency in services.
10. That in the month of July’ 2014, a
written communication has been made by my client through Learned Advocate,
which you are in receipt thereof, and meet with my client on and after such
receipt of communication and assured to cause necessary things to remove such
alleged defects, but you did not do anything and on expiry of substantial
period of time, my client constrain to instruct me to issue this present notice
to all of you.
I for and on behalf of my client
requesting you to cause the replacement of the defective engine with the new
engine in workable condition of the similar make of Eicher Motors Limited, at
an early date preferably within a period of fortnight from the date of receipt
of this notice, and also cause endavour to make the payment of ₹ 5,00,000/- ( Rupees Five Lakhs ) only, as Compensation
towards my client’s suffering in terms of monetarily losses, mental agony, and
harassments, only due to the manufacturing defects as owing in engine of the
bus on several occasions occurred and such facts was appraised to you and you
on several occasions repaired and or tried to repaired such engine and
delivered to my client though time and again, such defects continued and the
said engine go out of order and not worked including suffering in terms of
making payment of interest on finance obtained by him, without any usages of
the said bus purchased from you, at an early date, preferably within a period
of fortnight from the date of receipt of this notice, and or otherwise my
client shall take shelter of Law before the Competent Forum / Commission, at
your cost and perils, which please note. Copy kept for future references.
Thanking you,
Yours’ faithfully,
Ashok Kumar Singh.
Advocate.
High Court at Calcutta.
Copy
to :
My
client :
Shri Hemanta Adhikary, of Village –
Dakshinalay, Post Office – Rajarampur, P.S. - Falta, District – South 24
Parganas, Pin – 743504.
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