COMPLAIN AGAINST ONIDA SPLIT AC

(PLEASE FORWARD THE BELOW LETTER TO THE ONIDA COMPANY)

SIR,

I am an Indian resident, residing at Ashok Nagar, New No.12, Old No.10, Bank of India Colony, Chennai-600083, India.

I have purchased one Split Grill Air Conditioner of Onida make, 0.8 ton on April 30, 2007 from K.Dhandapani & Co. Ltd., T.Nagar Branch, Chennai vide Invoice No. HE/04088.

It was assured to me that the said Split AC provides the best service and is of the best quality available in the market. Being induced by such assurance and/or being allured thereby, I purchased the said split AC.

One of the representatives of your company visited my place for installation of the said machine and after installation he found that the gas was not there in the equipment. He informed me that there exist some manufacturing defect in the said Split AC and I should get it replace from the point of purchase. I informed the entire facts to K.Dhandapai & Co. Ltd. who informed that the company has refused to entertain such grievance.

The act of supply of defective Split Ac in collusion with the retailers by ONIDA and subsequent refusal to replace the same with new one is contrary to all rules and the same is also violative of principles of legitimate expectation. The customer purchase the product with the expectation that the product will be of genuine quality and such illegal act from a company of your repute and esteem is arbitrary, unreasonable, contrary to law, bad and unconstitutional.

The impugned action and/or inaction on the part of the ONIDA to refuse to replace the defective Split Ac is without jurisdiction and/or in excess of jurisdiction, in colourable exercise of power and/or in wrongful usurpation of the same, suffers from the vice of Wednesbury unreasonableness and illegal and amounts to malice in law.

There exist no standard for ascertaining the damages caused by such act. The act is such that compensation in money will not afford adequate relief. Alternatively, I claim an enquiry into damages as may be found due and payable upon such enquiry.

In the premises, you are called upon to look into the matter and replace the said Split Ac immediately, with letter of regrets failing which I shall be constrained to take necessary steps in accordance with law without any further reference to you, which please note.

Yours,

Anurag