Can i Sue Indiatimes ?

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kuld33p

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Hi All might not be similar to the Sify Broadband Lawsuite, but i need your suggestions.

This is in regards to the indiatimes shopping website. The story goes like this.

I purchased a Nikon Digital SLR Camera from indiatimes shopping website. It was listed in their knockout offers, where people can buy products at very low prices. Camera's list price was 49999 INR and discount was 41864 INR (approx) and actual price was 8135 INR which i paid and indiatimes confirmed my order. I have the automated mail from indiatimes as well. It was verified by indiatimes as well on 7th january. I ordered the camera on 5th Jan 2008. After several follow ups their customer care (Call center) people said that it takes 7 working days to deliver a product after verification.

Its a long srory, I'll get to the point. On 7th or 8th Jan( I am not sure about the date) out of curiosity i asked this question to the customer care department people that how come this seller is selling this product so cheap. Then they said its a technical fault. By this time ammount from my account (Credit Card) has been taken already.
Then someone from customer care department assured that i'll get my camera what so ever. She promised me to get in touch with me the next day with updates. She was some Team Leader there. She gave me her number as well and said that she will take care of this issue and i'll get my camera. But she never called me, there i was sure there is something cooking. My friends insisted me to wait for some more days.


Finally i called yesterday and spoke with 2-3 people. First of all people were not willing to pick up the call.They were disconnecting the calls after picking up. Anyways, after 30 mins of maddeing efforts, i was able to contact the ETs of Indiatimes. Maneesh Nagi was his name who said that i will be getting my camera delivered at my doorsteps by 21st of Jan 2008.(Because according to him it takes 10 working days to deliver the product to be delivered, Not 7 working days from the time of order which is mentioned on indiatimes website.

OK.. its been too long story. I don't know whether you've read it or not..



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FINALLY MY ORDER HAS BEEN CANCELLED FOR REFUND BECAUSE THE PRODUCT I ORDERED IS OUT OF STOCK. THAT IS RIDICULOUS, BECAUSE I CAN CLEARLY SEE THAT INDIATIMES DOESN'T WANT TO DELIVER THE CAMERA TO ME AS THE SAME SELLER IS SELLING THE SAME CAMERA WITH THE SAME.... I MEAN EVERYTHING IS SAME EXCEPT THE PRICE...
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Now you guys tell me what should i do...

5. TIL reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed by Indiatimes.com the same shall be credited to your account and duly notified to you by email.

this is one of their terms and conditions.

My explanation: I was never told that its an incorrect amount. Till yesterday customer care people were telling me my order status, that indicated that there was no problem with the amount.

for more infomation please visit ITL terms and services. here

In case you guys want to contact me : 9311848485 .

I asked the same question in yahoo answers. you can find more information here.
 
I think you can't sue them since it was definitely obvious that price is listed wrong and for these circumstances they have that clause put in .
 
ya i agree and i've read their T&C however don't you think they shoul have informed me that there was an error or mistake in the price.they never told me that the order has been taken at an incorrect price and my order has been cancelled due to non-availability of the product not due to incorrect price.wat do u say ?
 
@kuld33p, you said you have the phone number of the team leader who assured you the same. Why dont you call her and talk to her?
 
I totally agree that what they have done is unethical, and will affect their image on the consumer market. But I personally feel that you are lucky that you are getting a full money payback. The camera was defective, and you have been saved. Now what your job should be is to try to defame Indiatimes as much as you can, by telling your story to people. You should try to steal as much consumers as you can from them. Keep them well notified of this thing, tell them that this mistake would cost them a lot, in a subtle manner. Then maybe they would consider apologising to you/offering free compensation/services.
 

If you have a lawyer or any other acquaintance having some experience with consumer forums, ask for their advice. I think you may have a point. Just because a company puts something in their terms & conditions doesn't mean that it is binding on you. The courts can and have held clauses to be invalid and not binding. Whether it is so in your case or not, is something that only someone with such experience could advise you.
 
even one of my cousin brothers had to go through same ordeal at the hands of indiatimes.If u go for a legal fight it will be a long drawn battle .It would be better if u let them know that such a kind of behaviour was not at all expected from them and also tell gently that this behaviours of theirs will defintely will dent their public image.
 
Thank You so much for your responses. Has anyone checked that yahoo answers link. Doesn't matter if not..

Here's the Best Answer that i choose.

The offer itself was such that it should have aroused suspicion with anyone and everyone. This is absolute greed.

Anyway. You can sue the company in all events. Since this is a simple contract for sale you need to establish the offer and acceptance aspects. And then the promise to perform the contract, which is reciprocal. You had made the payment therefore your part of the promise has been fulfiled. Since the company failed to perform its part you are entitled to sue the company.

First issue a legal notice through an advocate. I am sure you will get your work done by this. If there is no response you need to file a suit. File a comprehensive suit seeking performance of the contract or in the alternative refund of the amount alongwith interest @ 18% p.a. and considerable damages for the harrassment.

Some body else was also cheated by this company. Infact such companies cheat effortlessly day after day. Such cheated person may not have taken any action against the company. This encouraged the company to do more such acts. If only the first cheated person took the company to task then such an incident/fraud would not have been faced by anyone.

Dont curse the laws of the land. True there might be some infirmities. But you need to atleast give a fight if not a tough one, so that the issue is debated among people. This itself would be the first draw back for such companies. And mind you publicity of such nature would wipe out such companies from the business.

Dont think you are suing the company for your benefit. In all such cases you are actually doing it for the benefit of the entire consumer community. Best of luck.
[*]21 hours ago
[/list]Source(s):

I am a Lawyer.

This is my comment after choosing his answer the best one..

Asker's Rating:Asker's Comment:Very Good. I was actually looking for someone who is by my side. But for your information it was not greed, indiatimes has this offers where at times the prices really go down as i mentioned.

By any means can you take this case up for me. If its yes, please contact kuld33p@gmail.com or cell No.

You know the best part of this post. See the source.. He is a lawyer..

And i liked the most about his answer was this..

Infact such companies cheat effortlessly day after day. Such cheated person may not have taken any action against the company. This encouraged the company to do more such acts. If only the first cheated person took the company to task then such an incident/fraud would not have been faced by anyone.

It will only cost me 1500 bucks only to get a Legal Notice issued to Indiatimes. I've already started my talks to a lawyer. But i will do it, for the sake of other people as well.. I know i may be wasting my time and money, But i would atleast give a fight so that indiatimes or someone else can't cheat customers anymore..

I'll keep posting the updates.

Would request you all the keep posting your comments, suggestions as well...

Thanks
Kuldeep
 
well, its right that if you don't take some legal action now, they (indiatimes) will continue to cheat people like us!
 
Interesting read, keep us updated on your efforts.It seems odd they would offer something at a ridiculous price and then withdraw. What is the motive here ???
 
kudos kuldeep for comitting yourself to the cause, if possible have your story run in the newspapers as well (but don't call times of india!!)
 
one more thing i would like to point out about these sites like indiatimes and rediff shopping: They usually quote prices higher than the market price for the product. and then after showing discount they bring the price to the market price (and for some products, it's still even higher than the market price after discount!)
 
Go ahead but i am sure you will attain nothing legally since you accepted their terms and conditions while buying the product . Also it was very much obvious that price on website was a mistake and its not like they are putting that much discount on all products . Whats wrong here is the reply u got on phone by CC . However most CC executives are not well aware of what they talk about and say what they are taught , even they might not be aware of real price of product and error on website listing . All i want to say is , you will waste ur time if u sue them . If you can get this story in some newspaper then its worth the time 🙂 and that should force them to learn from their mistakes .OT: Read today's slashdot post , a Dell executive actually recommending a MAC to a customer 😛
 

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