EQUI LAW

PARTNERS
ADVOCATES & LEGAL CONSULTANTS

Dated: _________________

To,

ADV ANUSKA MUKHERJEE ,

J 1-5, 8TH FLOOR, KARIWALA TOWERS,
EP BLOCK, SECTOR V, SALT LAKE CITY,
KOLKATA
WEST BENGAL - 700091

REPLY TO YOUR LEGAL NOTICE DATED 18.07.2023

Dear Anuska Mukherjee,

For and on behalf of our client, Daikin Air Conditioning India Pvt. Ltd., having its
office at 210, First Floor, Okhla Industrial Area Phase 3, Delhi 110020
[hereinafter referred to as "our client"] and under authority and instructions, we
serve the following reply to your legal notice dated 18.07.2023.

1. At the outset, it is stated that allegations contained in the present legal

notice under reply that are contrary to or inconsistent with what is averred
herein are denied and that nothing in the legal notice is or should be
deemed to be admitted by or on behalf of our client for want of a specific
traverse or otherwise. The assertions herein are in the alternative and
without prejudice to one another.

2. That our client is a company registered under the relevant provisions of the
Companies Act, 1956, and is engaged in the business of manufacturing AC
UNIT. That, in the notice dated 18.07.2023 (hereinafter referred to as the
"notice”), the noticee has alleged poor quality of AC Unit which is also
having manufacturing defect amounting to unfair trade practice, which are
baseless, vague, and unsubstantiated, and all such allegations are
vehemently denied by our client.

4. That as per the records of our client, the noticee had purchased four (1)
Daikin air conditioners on 02.05.2022, from a 3rd party i.e. “SOUND
TRADING CO. , AMRITSAR) vide invoice number- IDFC/22-23/77

Address: Equi Law Partners, Bungalow No. 8, Mathura Rd, Jangpura – B

New Delhi – 110014
 EQUI LAW
PARTNERS
ADVOCATES & LEGAL CONSULTANTS
5. That the AC UNIT were installed by the authorized technicians of our client
>>>>PLEASE CONFIRM<<< and the AC UNIT of the noticee were
scrutinized which were found to be working efficiently as per standards on
the day of installation and had no problems or any kind of disturbances
related to the mentioned AC UNIT. That due service and installation were
provided for the said AC UNIT purchased by the noticee.

5. That the subject AC UNIT that was installed and as alleged by the noticee
that there was no mandatory service provided for the mentioned AC UNIT
are without any foundational backing or supporting ailment. Further, the
allegations with respect to no services provided to the noticee due on the
part of our client as alleged by the noticee are baseless, vague, and
unsubstantiated, and all such allegations are vehemently denied by our
client.

6. That It is stated that the allegation raised against our client that there was a
lack of service is vehemently denied as the complaint call logged by the
noticee was on 24.06.2023, on the call date the AC Unit was OW(out of
warranty) and the same was conveyed to the noticee. It is to be noted that
our client takes every step to expedite the process however sometimes
there are logistical issues that are beyond the control of our client

7. That the allegations of noticee that subject AC UNIT have become

defective and hence claiming unpaid repair, is not in the warranty purview
of our client and any services related to the subject AC Unit. That the
product was out of warranty, hence any repair can only be done on a
chargeable basis and the claims/demands of the noticee are against the
warranty terms which cannot be fulfilled by our client..

9. It is stated that the allegation raised against our client of not providing
facilitated services and any kind of alleged deficiency of service against our
client are nothing but a mere concocted story as the company has provided
the services diligently and up to its best capacity. That the gas leakage is
AC UNIT can be on account of many reasons for which our client is
required to scrutinize the AC Unit. It cannot be assumed that when the gas
leakage had occurred within a year the same is on account of
manufacturing defect. That such baseless and unsubstantiated allegations
of the noticee are nothing but a mere concocted story. That the allegation
against our client are baseless, vague, and unjustified as our client cannot

Address: Equi Law Partners, Bungalow No. 8, Mathura Rd, Jangpura – B

New Delhi – 110014
 EQUI LAW
PARTNERS
ADVOCATES & LEGAL CONSULTANTS
be held liable for providing free services to the noticee beyond the warranty
period.

10. The pre-conditions of the warrantee period and scope of service of our
client were duly notified to the noticee before the AC UNIT were accepted
by the noticee, indicating that there was no influence or allurement on the
part of our client to purchase the AC UNIT and that the noticee was well
conversant with the facts of the deal commissioned by our client.

11. It is to be stated that as per the records of our client, noticee was provided
with utmost services and it is also to be emphasized that the subject AC
Unit was repaired (gas refilled) twice and one of which was done after the
warranty period was expired as a gesture and verb of a customer-centric
company.

12. It is to be noted that the noticee is demanding complete refund and

compensation after using the subject AC Unit for over a year. That such
demand of the noticee makes it evident that the noticee is trying to
pressurize our client to usurp undue advantage.

13. It is to be noted that there was no deficiency of service on the part of our
client and all due services were provided to the noticee. That the company
catered to the services required as per the warranty conditions accepted by
the noticee. However, the noticee is attempting to harass our client, a
company of high repute, and gain unjustifiably by making baseless
allegations against the company. That all grievances raised by the noticee
were duly addressed by our client, and there is no deficient service on the
part of our client.

13. In view of the abovementioned circumstances, it is evident on the face of it

that the allegations raised by the noticee against our client are baseless,
arbitrary, vague, and unsubstantiated. Thus, there being no delinquency on
the part of our client, the noticee is hereby called upon to withdraw the
present legal notice and all the allegations raised against our client. That
the subject AC UNIT are not in the warrantee and any services related to
the subjected AC Unit will be done on a chargeable basis as the UNIT are
out of warranty including the extended warranty and will be charged against
the noticee.

Address: Equi Law Partners, Bungalow No. 8, Mathura Rd, Jangpura – B

New Delhi – 110014
 EQUI LAW
PARTNERS
ADVOCATES & LEGAL CONSULTANTS
14. All due services have been provided, and there is no deficiency in service
on the part of our client and is not liable to any form of refund or
compensation which was raised by the noticee. That my client has served
you with best possible services hence you are not entitled to get any
replacement or any cost or compensation from our client. Hence your
demands are baseless and uncalled for.

15. That it is pertinent to mention that all queries of the noticee were properly
responded by our client. That allegations of deficiency of service are harsh
and substantially defamatory for the reputation of our client. That the
noticee being satisfied with all terms and conditions, agreed to purchase
the machine on payment of the cost and now raising false and defamatory
allegation against our client by distorting which is not appreciable.

16. That you are also liable to pay the amount of Rs 5,500/- towards the
drafting charges for the present legal notice reply being served upon you.

For Equi Law Partners,

Through Principal Partner

Address: Equi Law Partners, Bungalow No. 8, Mathura Rd, Jangpura – B

New Delhi – 110014
 EQUI LAW
PARTNERS
ADVOCATES & LEGAL CONSULTANTS

Address: Equi Law Partners, Bungalow No. 8, Mathura Rd, Jangpura – B

New Delhi – 110014