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M.KISHOREKUMAR, ADVOCATE. M/S KUMAR & KUMAR ASSOCIATES E mail: : kishoradv@gmail.com REG. WITH. A.D To 1. M/s.

Plationo Classic 11/6B, BMW Dealer NH 47, Bypass road Maradu.P.O Kochi 682304 2. M/s. BMW India Private limited DLF Cyber city Phase II Building No. 8, Tower B 7th floor Gurgaon .12202 Haryana rep. by its Managing Director Sir,

Navaneetham, Opp. Chinmaya Balabhavan, Kannur-2, Phone-0497- 2769598 Date: 5.10.2012

Under instructions from my client O.N.Satheeshan, S/o Koran, Satsung, Pallikunnu, Kannur, I hereby issue you the following notice for your strict compliance. 1. My client purchased a BMW car of model 5 series on 27.11.2011 bearing Chassis No. WBAFW 750 10C 473394 from the dealership extended by No.1 of you at Calicut. The vehicle was manufactured by No.2 of you. The car is bearing registration No. KL- 13X - 999. My client purchased the said vehicle moved in the fabulous and colourful representation of both of you regarding the quality, guarantee and the service of the vehicle. The company offered my client engine warranty, prompt and immediate service as well as my client was offered substitute vehicle on the days when the vehicle is garaged for service. 2. The vehicle done only 13,000Km and on 26.8.2012 my client along with his family was returning from Sree Mookambika temple, Karnataka to his house in Kerala. The vehicle was proceeding in natural manner in the National highway road and the day was totally raining. At about 11 am when the vehicle reached at a place called Brahmapuram the engine abruptly stopped and the vehicle was not running

forward. The vehicle was approximately in the centre of the road and even the gear lever was not moving. There was severe traffic block and the police created barricades around the vehicle for protection. My client called in the help line numbers provided by No.1 of you 9746300669. My client was told that the crane had to come from Hubli and they will set someone for removing the vehicle. But a person turned up by 6o clock in the evening and left thereafter. My client had to employ his own man for taking care of the vehicle which was on the centre of national highway road. At about 3o clock in the morning the crane came from Hubli and the vehicle was removed in the premises of No. 1 of you. 3. Thereafter right from 26.8.2012 to this day the vehicle was not returned to my client. All telephonic calls and representation made by my client in person and over phone went unheeded. The vehicle was not returned to my client without reason. No.1 of you shows careless negligence in repairing and returning the vehicle. Every time different persons attended phone and my client was not even told about the defect occurred or progress in the work. Even the cell No. 9895009966 which was portrayed by No. 1 of you in the brochure showed deaf ear to the calls of my client. It appears that BMW Company has no responsibility and there is nobody to anchor proper service and quick delivery of the vehicle. My client was not even given a service vehicle to use in substitution. My client is in darkness when the vehicle will returned. The given warranty of the vehicle is still in force. My client will be constrained to take this matter seriously before the court of law and media if no response is heard or delivery of the vehicle was not effected within a week. 4. My client does not need the vehicle which was not repaired and delivered by you in prompt time. Since the vehicle is covered by warranty you are supposed to replace the vehicle. My client is running on a rent a car paying Rs.50,000/-(Rupees Fifty Thousand Only) per month. Therefore you are liable for the following claims raised by my client. a) b) To replace the vehicle by new one To pay a pecuniary compensation of Rs.25,00,000/- (Rupees Twenty

five Lakh only) to my client for damages sustained and deficiency in service.

5.

Therefore my client hereby call upon both of you jointly and severally to

meet the above demands within 7 days of receipt of this notice failing which the matter will be dealt with serious consequences both civil and criminal. Yours faithfully, M. KISHORE KUMAR, ADVOCATE

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