Western Digital is one of the worst company in terms of post sales commitment. The hard drive i bought died within few months of purchase and I tried to invoke warranty. Never know that I was dealing with people of thickest skin I pursued a 10 month long battle to finally get a replacement. Please do not buy WD products. If you wish to read how I got my drive back read on. // This is one of the most viewed article on my blog
Because Laaton ke Bhoot baaton se nahi maante ( Ghosts of kicks dont listen to talks 😉 ) , I decided to file a complain against Western Digital and Overnite Courier Ltd at Consumer Redressal Forum Pune. The transcript is also help ful to people as a format for who wish to file complaint against similar rogue organizations. Please read and enjoy this True story and converstations with these companies
BEFORE THE HON’BLE NATIONAL / STATE / DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM AT ( PUNE ).
COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.
IN THE MATTER OF :
Flight Lieutenant Arun Purohit (Retd) ,
Flat no 503 C-1 Eden Towers
Wakad Road Pune 411057 COMPLAINANT
Overnite Courier Ltd, 409 Shop No 7/8/9 Lloyd Chambers, Nr Sinchan Bhavan, Mangalwar Peth, Pune – 411002
Western Digital B-81 Okhla Industrial Area Phase 2 New Delhi 11020
……………….. OPPOSITE PARTY
I am Flight lieutenant( Retd) Arun Purohit ,a resident of C1 -503 Edenn Tower Wakad Pune 411057. Currently working as CEO of company SimpliBuy Technologies , incorporated at Pune
//A brief paragraph about the complainant explaining the name, residence address and occupation of the complainant.
Ovenite Courier Ltd having Pune address Blah Blah.. is involved in commercial courier business
Western Digital, Blah.. Blah , is a US based company involved in making Computer related memory devices//A brief paragraph about name, address and occupation of the opposite party.
- Description of the deal and services promised by the opposite parties for the value paid by the complainant.
I had purchased an external hard disk from Western Digital for approx Rs 5500/= (USD 120 ) in Nov 2009 . This hard disk was intended for usage in my organization to back up work done by various software engineers.
- Description of the advertisements given by the opposite parties which attracted the complainant to purchase the commodity and services.
The hard disk had a warranty of 1 yrs against any manufacturing defect or malfunctioning for a period of 1 yr
Details of the price of goods and services.
The price of Hard disk was Rs 5500 /= paid in USD 120
Details of the bill/invoice (bill number and date, item and amount) // Item 1 , Purchased in USA.
Details of payments made by complainant (cheque number/cash, etc.)// Paid in Cash
NATURE OF COMPLAINT:
(select from list or write as required)
1. Misleading advertisements and false representation.
2. Cheating by giving false promises.
- Harassment by the opposite party.
Yes I have been harassed by both parties against whom I am filing a complaint
- Not delivering the goods and services for which payment is made.
Yes, I have not been provided a warranty replacement by Western Digital
- Charging excess amount.
1. Misleading advertisements and false representation.
2. Cheating by giving false promise
3. Deficiency in after sales service or not abiding by warranty clause.
The hard drive I had purchased suddenly stopped working on 9th Jun 2010 ( 7 months after purchase ) . I requested India service center to help. They asked me to return the hard drive with original casing and wire vide RMA # #82024837 [Incident: 100707-005707]. I had subsequently returned the defective hard disk to Western Digital through their appointed courier on 10 Jul 2010. Western Digital supposedly sent the free replacement drive through Overnite Courier Ltd on 12 Aug 2010. The courier company didn’t deliver the hard drive to me even till 30 th Jul 2010. There after I lodged a complaint to the courier local office and its Corporate office. They courier company didn’t acknowledge the complaint and turned a deaf ear. Numerous visits were made to local office of courier and they kept giving excuses that they are trying to locate the parcel or locate a person and finally said they have lost the parcel. Fraudulently, they updated the status of parcel as delivered on 14th Aug. On questioning, Whom they have delivered they have not responded back. On approaching customer care of Western digital they too have been behaving irresponsibly and not providing any resolution even after 5 months of follow up . The trail of correspondence with them is attached as Appendix A to this letter. Subsequent ot this Suddenly hard drive of system at my office crashed leading to loss of work which amounts to over Rs 1,05,000/= The duo of Western Digital and Overnite Express are unduly harassing me and causing me mental agony , financial loss and harassment.
I have suffered monetary loss because of loss of software data which was backed up on drive and have lost months of productive work in chasing these agencies. The agny and frustration has rendered me ineffective at work
OTHER EVIDENCES OF SUPPORT OF COMPLAINT:
Copy of advertisement and catalogue that promised the concerned goods and services.
Copy of bill as evidence of purchase.
Not applicable. Western Digital acknowledges that this was a legal purchase
Other documents such as agreement copies, bounced cheques, opposite parties’ letters.
Details of correspondence with Western Digital and Overnite Courier Ltd
Copy of letters sent to the opposite party to request for rectification of fault and settlement of the grievance.
Enclosed as appendices :
As the total amount involved is more than Rupees 1 crore, the complaint is being filed with the Hon’ble National Consumer Disputes Redressal Commission.
As the total amount involved is more than Rupees 20 lakhs and less than 1 crore, the complaint is being filed with the Hon’ble State Consumer Disputes Redressal Commission.
As the total amount involved is less than Rupees 20 lakhs, the complaint is being filed with the Hon’ble District Consumer Disputes Redressal Forum.
The complainant therefore prays :-
i) relief be granted to the complainant as demanded herein. I seek compensation for Defective drive, data loss, follow up cost and mental agony
ii) that such orders be passed as the Hon’ble Consumer Forum may deem fit in the circumstances of the case. Please provide an exemplary punishment for such negligent behavior
iii) that the accused should be punished severely so that culprits of similar kind would be afraid to indulge in such criminal activities. The MNCs like Western Digital make huge revenues from India but provide poor services. Overnite behaves like a Donkey which doesn’t even move when kicked. The law needs to shoe them that consumers interest have to be protected
iv) mention any other statement of prayer you wish to state: Strictest possible reprimand and monetary fine on both agencies for failure to fulfill their obligation and harassment caused
PLACE : Pune Signature
|DATED : ….Oct 2010 COMPLAINANT : Arun PurohitVERIFICATION
I (Arun Purohit), resident of Address) hereby declare that I have not misrepresented any facts nor have tried to hide any information in my above complaint. All the facts mentioned herein are true to the best of my knowledge.
Name & signature of the complainant
Please note: The affidavit should be notarized before further copies of complaint set are made for submission.
Arrangement of the complaint papers:
All papers to be kept in paper file in following order:
1. Complaint ( attached )
2. Affidavit ( attached )
3. List of documents ( Correspondence )
4. Documents ( Correspondence with Western Digital and Overnite Courier Ltd )
6. Application for injunction (if any)
7. Application for condonation of delay (if any)
Page numbers to be written on lower right corner.
Deposit the complaint file at the consumer court along with appropriate court fee.
Now read the correspondence with Overnite Express :
( I’ll post the converstation withWestern a little later )
To : email@example.com”
Cc: ‘Western Digital Support’; ‘Rajeshwari Purohit’; ‘firstname.lastname@example.org‘
Subject: RE: Western Digital RMA Status for RMA #82024837 – drive received/shipped [Incident: 100814-008728]
Hi Oel Coprporate office ,
I am extremely pissed off by the irresponsible behavior of your Pune office.
Last 14 days they been sitting on a hard disk sent to me by Western Digital. They have neither contacted me or delivered the package.
Further , the calls to your local office remain unanswered . I have made 17 calls to the numbers mentioned below and only once that has been answered and that too by a lady who appeared to be a gate keeper. She took down the details and said some one will call back within 1 hr.. 24 hrs since then , I have received no calls or response to the mail , I sent.
If this is the service you provide to customers, Please think if its ethically correct for you to do courier business ?
|Pune||Lloyeds Chamber email@example.com|
|Pune – 411011||020-32416641|
If I don’t get my drive in next 12 hrs , I am going to post this mail to newspapers, blogs, consumer review sites apart from reporting to Consumer redressal forum.
From: Purohit, Arun
Sent: Tuesday, August 31, 2010 11:12 AM
Cc: ‘Western Digital Support’; ‘Rajeshwari Purohit’
Subject: FW: Western Digital RMA Status for RMA #82024837 – drive received/shipped [Incident: 100814-008728]
Hi Overnite express.
I was sent a consignment by Western digital on 12th Aug10 ( Docket number 702223375 ). Last 17 days you have been sitting over it doing nothing. Please see the screen shot.
The three landline numbers of Pune you have mentioned don’t bloody RING & you call your self a professional courier.
I seek an immediate appology and explanation for this negligent service. Please call or confirm on 020-46740250
To western digital support : Request you to BLACKLIST such ludicrous and irresponsible service provider
The struggle ended when I threatened them to be sue in US courts :
Moral : The US Mfg companies are suckers. They try to harass you by not providing replacement. Dont give up .. Chase them up. Finally they will give up. Fight for your consumer rights.