Legal Notice for Defective, Used or Fake Computer Products

BY REGISTERED POST / SPEED POST / APPROPRIATE ELECTRONIC MODE

Date: ____________

To
The Proprietor / Authorised Officer
______________________________
______________________________
______________________________

Legal Notice

Subject: Notice demanding replacement/refund and compensation in respect of defective, used, substituted or falsely represented computer products supplied as new.

Sir/Madam,

Under instructions and authority from our client M/s./Mr./Ms. ____________________, having address at ________________________________, we hereby serve upon you the following legal notice:

1. That our client purchased from you a computer system / processor / motherboard / other computer components described as ____________________________ for a total consideration of ₹__________, under invoice/bill/order no. __________ dated __________.
2. That the products were represented and sold as new, genuine, unused and fit for the stated purpose, with the specifications and warranty represented at the time of sale.
3. That shortly after purchase/delivery, the system/product developed the following defects or failed to perform as represented: ____________________________________________.
4. That our client informed your office/customer support on __________ and requested inspection, repair, replacement or refund. The relevant complaint/service reference number, if any, is __________.
5. That the motherboard/processor/component was handed over to you or your authorised representative on __________ for replacement/repair, against receipt/job sheet no. __________.
6. That despite repeated approaches, our client was made to wait and/or was asked to pay additional sums of ₹__________, although the defect was reported within the applicable warranty or assurance period, as relevant to the facts.
7. That upon inspection/opening by a competent person on __________, our client discovered circumstances indicating that the processor/component supplied may have been used, damaged, substituted, incorrectly described or otherwise inconsistent with what was represented at the time of sale. The supporting material includes ________________________________________.
8. That our client immediately brought the above discrepancy to your attention. However, your representative Mr./Ms. __________ refused/failed to provide a satisfactory replacement, refund or written explanation.
9. That receipt/job-sheet no. __________ dated __________ described the product as __________, whereas the product invoiced/purchased was __________. Our client disputes any inaccurate alteration or description in the service record.
10. That on __________, our client again approached you for collection of the replacement product/refund, but no effective remedy was provided.
11. That our client has also noticed the following additional transaction-specific irregularities, if applicable: ____________________________________________________________. No allegation should be retained in this notice unless supported by documents or other reliable evidence.
12. That if the invoice, tax treatment or accounting document issued for the transaction is alleged to be improper, the precise invoice particulars and supporting facts are: ____________________________________________________________. The former VAT-based wording has intentionally not been retained because the present indirect-tax framework is GST-based.
13. That our client has spent substantial time and incurred actual expenses in pursuing replacement, repair, correspondence and travel, particulars of which are ____________________________________________________________.
14. That the acts and omissions complained of have caused financial loss, inconvenience and other consequences to our client. Any claim for business loss, reputational loss or compensation must be supported by evidence and must be legally maintainable in the chosen forum.
15. That, where our client qualifies as a "consumer" under section 2(7) of the Consumer Protection Act, 2019, the above facts may constitute a defect in goods, deficiency in service and/or unfair trade practice, depending on the evidence and circumstances of the transaction.
16. That if evidence establishes dishonest inducement from the inception of the transaction, separate criminal remedies may also be examined under the applicable penal law, including the Bharatiya Nyaya Sanhita, 2023. A mere contractual breach or later failure to perform should not automatically be characterised as cheating.

Therefore, through this notice, you are called upon to do the following within 15 days of receipt of this notice:

1. Replace the defective/used/substituted product with a new and genuine product of the contracted specification, or refund the purchase price of ₹__________, as applicable;
2. Refund documented incidental expenses of ₹__________, where legally recoverable;
3. Pay reasonable compensation of ₹__________ for proven loss/inconvenience, subject to applicable law and evidence;
4. Provide a corrected tax invoice/service record and written clarification of the product serial number, warranty status and replacement history, where relevant; and
5. Preserve all transaction, inventory, service, warranty and communication records relating to the disputed product.

Failing satisfactory compliance within the above period, our client shall be at liberty to pursue such remedies as are legally available, which may include proceedings before the appropriate Consumer Commission (if the client qualifies as a consumer), civil proceedings, contractual remedies and/or a complaint before the competent authority where the facts disclose an offence or statutory violation, entirely at your risk as to costs and consequences.

This notice is issued without prejudice to all other rights, claims and remedies available to our client in law and on facts.

A copy of this legal notice is retained in our office for record and further action.

________________ Associates, Advocates

__________________, Advocate
Authorised Counsel