Complaint Details

Status	:	Closed
Complaint No	:	0005532/2013
Category	:	Consumer Goods
Date	:	22-07-2013
Subject Line	:	Regarding supply of defective smartphone and subsequent harassment and intention of non-payment of purchase price.
Complainant	:	Arun Raisurana
Address	:	4, Inner Circle Road, Opposite Gopal Maidan, Bistupur
Complainee	:	Shopclues
Address	:

Complaint Details
I had ordered for a DELL Aero 3G smartphone to shopclues.com vide order no: 4768959 on 1st July 2013. The smartphone was delivered on 11th July 2013. On receiving the smartphone I tried to use the phone and found that the smartphone was not working in a list of its various applications, namely: Google, YouTube, Market (DELL's online app store) etc.
I therefore immediately contacted DELL India over phone and wanted a solution of the aforesaid problem. DELL India then informed us that the DELL Aero 3G was a defective model and they have called back all the cellphones from the market and have already made refunds. I then made a complaint on the same day to Shopclues.com and requested for a refund as is apparent from the date of the email sent to them. The entire set of emails sent and received by me is attached herewith and is self-explanatory. Please also note that since 17th July 2013 I have been constantly talking to them over phone and have repeatedly requested till today, i.e. 22nd July 2013 to arrange to pickup the smartphone and refund the full cost of the phone.
In this connection, it would not be out of place to mention here that one has to wait for an average of 15-20 minutes online to get to talk to the customer care executive from shopclues.com. Likewise, I had to wait and talk to the customer care executive who kept promising on all occasions that within 15 minutes confirmation regarding the reverse pickup of the defective smartphone and refund of money will be confirmed by an email. Unfortunately, from 17th July till 21st July 2013 I did not receive any such email and I started wondering whether I would ever get back my money from shopclues.com.
This was a clear case of avoiding and harassing the customer to the extent that out of sheer frustration and costs involved alongwith the immense expenditure of time, the customer would give up. On 22nd of July 2013 when I informed them that in the past three to four occasions I was promised to get a confirmation regarding the refund and since they have not done so till date I am intending to take up a case with the consumer court. They then, immediately sent the email confirming to replace the defective smartphone. I therefore had to ring them up once again which took up more than 20 minutes of my phonecall time as I was put on hold to explain to them that I had requested for a refund and not a replacement. Their customer care executive despite my warning that I would be filing a suit against them for harassing the customer and supplying defective material continued to maintain that he would once again consult his seniors and try to resolve the issue in the next 24 to 48 hours. It maybe noted here that since July 17th 2013 more than 120 hours have elapsed and as a customer whose money is stuck up with them I was turning more impatient. As you can see, this is being done purposely so that the customer out of sheer frustration gives up.
I would request the Consumer Forum and to note that M/s. Shopclues is approving and displaying defective material to be sold through their portal purposely. Otherwise, any company would first ensure that the product which they want to sell should be first tested and found in order before it can be displayed on their portal for the purposes of sale. Secondly, the delay tactics adopted by them in the event of a complaint lodged is another proof of their devious methods of frustrating the customer. Thirdly, it maybe noted that despite the fact that I had requested for a refund of money, M/s. Shopclues sent an email on 22nd July 2013 (copy attached), stating that they are arranging for a reverse pick up of the smartphone for replacement. I therefore wonder, what gave them the authority to change my request from refund of money to replacement of product, considering the fact that the smartphone in question is already declared by the manufacturer to be a defective one.
I will finally be very grateful to the Consumer Forum if they could help me realize the dues alongwith a compensation for the immense amount of harassment that has been caused by them.
Your early action on the issue is requested.
With warm regards,
Arun Raisurana

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