This buyer owns a iVoomi Me1 3000 mAh Battery that he purchased on 01/07/2019 from a seller through the website of snapdeal.com with an Invoice Number SC59DA/19/314.
Since there were discrepancies between the owned battery and the description of the battery displayed, listed and offered by the seller for sale, the buyer sent the battery, that he owns, back to the seller through the broker/service provider Snapdeal.com with replacement request No. 58576658 for a proper replacement of said battery.
But a considerable time has elapsed since the date of said purchase, unfortunately, Snapdeal did not return the battery to the buyer till date as per said replacement request made by the buyer but Snapdeal might have done something illegal, arbitrarily that too without the consent and approval of the buyer of the battery that he legally owns.
It appears that the Snapdeal.com does not prefer to give any heed to the commercial standard - for which they are dealing in with buyers and sellers, and also fails to abide by its own terms and condition as stipulated in its own website, rather it prefers to pretend unnoticed the improper acts of the sellers those listed in its website. Simply Snapdeal.com cannot be trusted as a reliable medium for such online sales.
A notice has been sent by said buyer to the seller concerned as well as to Snapdeal, but Snapdeal appears to remain mum rather prefers to act unprofessionally even contrary to the terms and condition to use, sale and additional terms and condition as stipulated on the website of snapdeal.com. A copy of the notice is mentioned below.
The Notice:-
Notice for delivery of Order, ID: 29613315693, Suborder ID: 35179684271, replacement request No. 58576658.
Dated 17 July 2019
To,
(1) Snapdeal Private Limited,
C/o SproutBox Suryavilas,
Suite #181-TR4 First Floor,
D-181, Okhla Industrial Area,
Phase 1, New Delhi 110020
And
(2) Manish Dayal Chawla,
Mohan Subarbia Phs2 B2 605
AAyappa Temple
City Ambernath,
State: Maharashtra(27)
PIN 421501
Dear Sir/s,
This notice is served upon you on the following grounds:-
(1) That the above subjected order for iVoomi Me1 3000 mAh Battery by Generic was placed and prepaid by the under mention buyer as per Snapdeal's applicable Terms of Use on dated 01 Jul, 2019, through Snapdeal Order ID: 29613315693, Suborder ID: 35179684271.
And the concerned seller, - as per Seller Agreement as stipulated in Snapdeal's Terms of Sale including the Additional Service Terms, - listed, offered to sell, exhibited and made available, sold and delivered some unintended consignment through Snapdeal's Website and also issued an invoice No. SC59DA/19/314 INVOICE DATE: 01-JUL-2019 to said buyer.
The seller pretended to execute the order, as he represented that the consignment contains exact listed iVoomi Me1 3000 mAh Battery by Generic but on receipt of said consignment it was found by said buyer that the seller, by violating Seller Agreement and Terms of Sale, actually hoodwinked the buyer by sending some other product not commensurate to the order of the buyer as listed, and made available to sale by the seller.
Therefore, though the seller is legally bound with the buyer, as stipulated in the Terms of Sale, rather he has shown utter disregard in his obligation to obey it to deliver the ordered intended product to the buyer, as a result said buyer was put to suffer irreparable loss and other injuries done by the seller and for trusting the seller of Snapdeal. It took quite a long time and endeavour of the buyer to make plan, find and selecting a suitable offer till he finalised the order and made prepayment. The buyer never possessed the ordered and intended iVoomi Me1 3000 mAh Battery by Generic.
(2) That item no. 1.1 under Offer and Acceptance of the Product of the Terms of Sale, clearly stipulates Buyer's understanding and agreement –
(i) that the offer for sale of the Product by the Seller is not an absolute or an unconditional offer subject to repudiation by the seller at any time before the delivery of the Product to the Buyer and
(ii) without any obligation to assign or provide any reason for such repudiation and without any consent from the Buyer and without any liability or any obligation towards the Buyer
Therefore, instant dispute and claim do not fall within the meaning of above said repudiation and averment since the delivery of the product to the buyer was done after the sale of the Product by the Seller, not before that.
(3) That after receiving said delivery of wrong, inappropriate goods consignment, the buyer has taken enough pain to arrange replacement of said wrong, inappropriate good with the ordered and intended iVoomi Me1 3000 mAh Battery by Generic and sent it back to the seller through Replacement Request Reference No. 58576658 - specifically asking for proper Replacement of it but nothing else, in a condition that the buyer legally possessed ownership of the delivered product along with said invoice No. SC59DA/19/314 INVOICE DATE: 01-JUL-2019 until receipt of proper delivery of said ordered battery, so that none else, not even Snapdeal but only the buyer can decide exchange of the ownership of the received good.
Therefore, any external decision over and above of the buyer, in exchanging ownership of the good sent for replacement only, shall be invalid and also denied by the buyer. The buyer only agreed to get the ordered and the intended iVoomi Me1 3000 mAh Battery by Generic but nothing else.
(4) That any externally decided and forced refund of money, in exchange of the ownership of the received good, which was later sent for replacement only to the seller, shall not be accepted by the buyer nor such act would be valid as per applicable law. The buyer therefore, submits that the seller must be made to abide by terms and condition for sale and also claim that the proper, intended product must be delivered by the seller to the buyer as per description in the Order ID: 29613315693, Suborder ID: 35179684271 - directly or by any alternative means and against which the buyer shall only pay cash on delivery, if so required, so as return the money refunded to him.
(5) That since the Terms of Sale including certain statements and disclaimers made by Snapdeal Private Limited("Snapdeal") shall be binding on Buyer and Seller; therefore, Snapdeal Private Limited is bind by the Buyer and Seller too as per the application of the prevailing natural law or, statutory. Therefore, "Snapdeal" is bound to intervene and resolve such a dispute between a buyer and seller as per application of reasonability and said natural/statutory law.
Please treat this notice as a demand for natural justice.
Thanks & regards
Soumendra Nath Thakur
Mob. 90670
NB: Images of Invoice of the battery and return request receipt of the battery attached with this review.
