To,

The Manager,
Iberry India
[Enter complete address of service centre]
CC:
The Managing Director,
EBay India Private Limited,
14th Floor, North Block,
R-TECH Park,
Western Express Highway,
Goregaon (East),
Mumbai 400063,
Maharashtra(India)
CC:
The Managing Director,
Iberry India,
Building Number 4,
Second Lane Beach,
Chennai-600001
Date: November 23rd, 2014
Subject: Defect in Goods and Deficiency in services.
I want to bring to your kind notice the extreme trouble I have undergone due to your
delayed and unprivileged services and the negligent and irresponsive attitude and acts
of your staff which has created a great deal of hardships to me.
I purchased a mobile phone, I-berry Auxus Nuclea X with IMEI No: 357487030247983
and 357487030247991 on May 8th 2014 of your company via online from Ebay by
making a payment of Rs. 13040/-. Attached herewith is a copy of the invoice (no.
iberryINV376) as Annexure I.
After purchasing the phone, when I received the same I found that the defective phone
had been delivered to me.
In order to get the phone replaced, I visited and filed a complaint with Ebay officials on
which they asked me to visit service centre. Having no other choice, I sent my phone for
replacement by making the payment of Rs 500/- towards courier to your company and

after few days when I received the phone I found that again the defective product had
been delivered to me. Attached herewith is a copy of the courier receipt as Annexure II.
However, the problem remains that I again called your company above service centre
and filed a complaint and after discussion, I again sent my phone to your company but
till date neither I had received the phone nor any kind of response from your company.
Immediately, I filed a complaint with your companys officials but they started giving me
false assurances and my complaint was overlooked. Attached herewith is a copy of
email as Annexure III.
I am appalled to have received such inept and unprofessional services from your
company and a defective product from a company of your repute which has created
unnecessary hassles in my life, resulting in loss of time and money.
The entire episode has left me in a bitter taste and I am extremely disappointed with
your pathetic services. I have been facing lot of mental stress, agony and immense loss
of time and money due to this incident and even after making several requests to your
company officials no positive response has been received by me
Your companys actions are liable under Section 2(1)(g) of the Consumer Protection
Act, 1986 which defines "deficiency" as any fault, imperfection, shortcoming or
inadequacy in the quality, nature and manner of performance which is required to be
maintained by or under any law for the time being in force or has been undertaken to be
performed by a person in pursuance of a contract or otherwise in relation to any service
time being in force or has been undertaken to be performed by a person in pursuance of
a contract or otherwise in relation to any service
As a consequence of your deficient service and the repeated incompetency displayed
by your employees, I have suffered undue hardship and mental frustration.
I would like to emphasize that:
You have been grossly negligent and unprofessional in your approach.
I have undergone a lot of extreme stress and mental agony because of your
deficient service.
Given the above sequence of events, I request you to kindly refund me the entire
amount of Rs. 13040/-.
In addition, I request you to compensate me with an amount of Rs. 20,000/- for the
extreme stress and mental agony you have caused to me.

In case you fail to act on this letter within 15 days from the date of this letter, I
would be forced to:
Ask my lawyers to file a consumer complaint against you for gross negligence, and
deficient service, as well as additional compensation for mental agony and legal
costs;
Ask my lawyers to consider the filing of a civil suit against your organization;
Start a sustained online campaign spreading the word about the appalling level of
service that I have received from you; and
Issue press releases online and in the print media.
I hope that I do not have to take these steps and look forward to an amicable resolution
of this issue.

Warm regards,

Shahadat Hussain
H. No. 51, Aman Colony,
Vigyan Nagar,
Kota,
Rajasthan-324005
hussain4848@gmail.com,
+91-9001962162