HELP: Taking TheITDepot to Consumer court

elendil

Disciple
I am at the end of the line here. These guys over at theItDepot have taken me to a new level of frustration. I am planning on taking the matter to a Consumer court. I would gladly accept any kind of advice on anything regarding filing a complaint, etc. etc.

Here's my story.
On the 20th of May 2006, I ordered a humble XFX 6200 256mb for INR 4009 from the theItDepot website for my cousins. After a delay, the package was delivered to my cousins on the 02nd of June. All excited they opened up the package saw the box and signed on the courier slip.

When I went to install the card that very evening, I found that the box contained, no AGP card, but an age old cirrus logic PCI card. I immediately called up the customer service numbers of theItDepot to report it.

After a whole load of calls and even an email suggesting foul play at my end they finally decided to take it back and replace the piece, so they collected it from my cousins place.

Later I was told that it was some police case or something and they had to go through some legalities for claiming the insurance.
These guys would never inform me of any progress. This went on for months and months with me making status enquiry calls (all bloody STD calls from my cell) almost once a week always getting assurances of a resolution soon.

I started talking to a Mr. Vinod, who seems to be a top guy over there, and he continued with the same rubbish.

Finally somewhere in Jan, I was told that the issue was resolved and that i could either get a refund or goods worth the same amount. I decided to just get some stuff from their site, so I sent Vinod the details of products worth the same amount on the 30th of Jan.

I've lost count of the times I have got assurances, that the products will be shipped the next day or in a couple of days after that.

The final straw.. 4 days ago I got an SMS saying that he was in Mumbai and would meet me and deliver the products. A couple of calls and a few SMS's later, nada, the situation is still the same.
Today this dude is back at Chennai.

Did I mention, I'm sure he ignores my calls. I call from my friends cellphones so he gets unknown numbers on his phone (Yes I have stooped so low. Aslo used a false name once). Today I called up the land line a couple of times and he's apparently in a meeting. The first time he was to get out in an around an hour. I called back in two hours and he's still apparently in a meeting.

I'm not normally the kind who makes a big deal out of things, but this has really tried my patience. The last time I brought this up on this Forum, it ended a bit ugly. I dont want that happenning again.

I'd just like some help. I can manage without it, but will appreciate anything.

Thanks Dudes.

Woah.. this is a long post.
 
Wow... thats insane dude, well the consumer court is making progresses in delivering it's sentences, a recent example was how this guy sued sify for misinformation and misrepresentation of it's services. Go ahead man, and best of luck to you.
 
I am pasting verbatim what a guy in some other posted about filing a consumer case. This was in Bangalore but i guess it would not be much different in Mumbai except the location etc..

I like to share my exp for filing a consumer case. I have been cheated by Tata Indicom Broadband services and so it happened. Hope this will help others who got frustrated

For filing a consumer case you have to contact the consumer forum located at 7th floor of the Cauvery Bhavana (near to mysore bank/avenue road). All you need to do is frame your complaint and get a DD for Rs 100. I forgot the exact name for whom we have to take the DD - its like "The president, Consumer Forum, Bangalore Rural". Please confirm it there.

The consumer forum will file the case for you and they will let you know the date of first hearing. The bad thing here is the court will delay the hearing for a while (3-4 times). Meanwhile you have to submit an affidavit stating that whatever mentioned is true. Then the opposite party will also submit their written version reg the case. it goes like that.

The bad thing here is you have to appear in court for almost 8-10 hearings. It will eat your time till 12 Noon. But if you are clear in your complaint things will go smoothly.

My issue was with Tata Indicom. I applied for broadband internet connection and they never gave the connection. I repeatedly complained to the customer dept and nothing happened for good. Amazingly i started receiving monthly usage bills

And then i filed a complaint. Once the court given the notice to the opposite party, it was my time then. From the local Tata Indicom customer manager, to South Indian head, they repeatedly called me for withdrawing the case (by offering immediate connection and 1000 Rs free ). But i strictly refused to do so and i informed let us meet in court .

Finally Happy news for all frustrated guys, i got the verdict in favour of me and it goes like this,

Tata Indicom have to pay me Rs,
10,000 towards the frustration +
1000 towards the expense for this case +
1102 being the initial deposit +
10% interest for all from the date of deposit.

Dont know how useful that will be to you.. But do go ahead and file.. From what i understand once they get a summons from court they will be falling over themselves to settle out of court.
 
Hey thanks guys, seen a couple of those sites before.

The only problem I see is I'm based in Mumbai and these guys are in Chennai. How will that be handled? any ideas.
 
Start the process of Consumer Court.

With it, give a call to CNBC Awaz team. They are the real god/friend of consumers.
 
Hey, what if these guys send me the stuff after I have started out the procedure. Can I still still take them to task ?

I really want them to pay for all the frustration they've given me.

I have just a few emails. Maybe around 10 to 12, but I've lost count of the number of calls made. Dont know how I'd present this evidence. Also have a couple of latest SMS's.
 
iosoft said:
YES
you must ask for compensation in few lakhs.

Hehehe.. I'd wish I could.. I dont think I can even dream of getting more than 50K. Still wondering if its worth the effort and time.
Thanks for the suport guys.
 
i dont think you can get extra compensation in consumer court cases . you get the amount in question & the extra charges you had to incur during the process... i think consult a lawyer before jumping in. your amount of 4k is also quite small , considering you would have to then pay court fees and all. its your call in the end.
 
Send them a notice first. If they get scared and negotiate then fine. Otherwise your call.

I had sent a notice to Toshiba Service Center in Nagpur for a improper battery, which they said was fine. They changed the battery they got the notice.

And if you decide to sue then lawyers will take anything from 10% to 35% of the awarded damages.
 
Switch said:
Don't be unrealistic... The actual amount is less then Rs 5000...

not saying it to be 'wrong' as I have actually no idea.

But I heard a news, that one got 50,000/- as he had to travel on a 'springing' seat in a inter-state bus.

so....
 
elendil said:
.. but I've lost count of the number of calls made. Dont know how I'd present this evidence. Also have a couple of latest SMS's.
i guess u've a prepaid connection? cant u get a detailed call statement from ur number to the particular 2-3 numbers in question, if u were to make a request with ur mobile service provider?
 
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