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Upendra (A)     22 May 2014

Non replacement policy of samsung

Dear Experts,

One of my friend purchased a Samsung make LED TV in month of Dec-13 for a cost of 41K . After only 5 months of working one day when I was at his home the TV stopped working and immediately I helped my friend in reporting this malfunction to Service Center. After 2 days the Service engineer came and replaced a part "SMPS" but still the TV dint worked, then service engineer said that the full LED panel of TV should be changed. The service center is now following up for replacement of LED panel only but we are asking company for a new TV in replacement.

When we inquired it came into picture that replacing of panel is as good as new TV and it cost around 20-25 K. Now we feel no reliability of the product after replacement of this panel also and thus we demand for a new TV. So kindly us how should we make a move as company is not accepting our demand and now we are feeling cheated. Can we file a case against Samsung?

Your suggestion will definitely help me and my friend in resolving this issue.

regards,

Upendra Tripathi



Learning

 4 Replies

Shivesh Sinha (Legal Adviser)     22 May 2014

Dear Upendra Tripathy,

Have perused your query seeking thereby legal advise that whether you can file a case against Samsung?

For extending an appropriate legal advise, you are requested to send copies of all relevant documents pertaining to purchase of said LED TV 5 months back, its purchase invoice, guarantee / warranty cards etc.

In the meantime, I can say that prima - facie you have a good case to be contested in respective Consumer Court for redressal of your grievances.

Feel free to approach me through www.powertoconsumer.in

Thanks,

SHIVESH SINHA,

Advocate Cum Legal Adviser to www.powertoconsumer.in

Kumar Doab (FIN)     22 May 2014

AS advised above the related documents on record should certainly be examined.

 

Do you have record of all representations (date, time, phone numbers, and complaint numbers etc….) work sheet signed by engineer, advising replacement of a part then panel?

You may submit a representation in writing addressed to the dealer from whom the TV was purchased and also to MD of the company preferably by redg. post and raise your demands and ask to supply the reply in writing by redg. post, so as to reach you within say next………….7 days.

If you do not get desired relief you may approach a lawyer handling consumer cases and lodge consumer complaint with DCDRF.

There are consumer help groups that have helped many consumers. If you wish you may evaluate the option:

https://www.mouthshut.com/

complaint@network18online.com

pehredar@moneycontrol.com

pehredar@network18online.com

https://www.facebook.com/Pehredar

www.bighelpers.org

https://ashisha.com/consumer/

www.grahakseva.com/ https://

www.akosha.com/contact.html

Laxmi Kant Joshi (Advocate )     22 May 2014

Upendra the company had not cheated you nor this is a perfect case of consumer court , the company had not denied you to repair the said smps power supply of your led tv , it is a normal defect which generally happened by flactuating power supply of house hold electricity , company replaces only those items which have manufacturing defect , in the tv circit fault comes and the same rectified by the engineer , let them repair the panel circuit of the tv if you not satisfied with its performance then make a written complaint to the company stating all defects and the same repaired by the engineer still the tv not giving its better performance for which it was purchased hence thisone may be replaced by another the same mark and model led tv , keep all the receiving crosspondance with you , documents with date for proof of its repairing , original bill of the tv , it will helps when you filed case in the consumer court when the company refuses to replace it evenafter your various complaint of the tv not functioning and performing its originality for which the said tv was purchased.

Shivesh Sinha (Legal Adviser)     23 May 2014

Dear Mr. Upendra Tripathy,

With reference to message of Mr. laxmi kant joshi on the issue, I am to quote below my supplementary  views in addition to my previous one , posted a day ago.

The Consumer Court (s) are competent and empowered to pass an order u/s 14 (1) (b) of the Consumer Protection Act, 1986 to replace the Goods (in your case Samsung LED T/V) with new goods of similar descripttion which shall be free from any defect OR u/s 14 (1) (c) of said Act, 1986, the said Court can also pass an order to return to the Complainant (Consumer) the price, or, as the case may be, the charges paid by the complainant.

Beside above, the Court would also pass an order u/s 14(1) (d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered so far.

As you have said that the Company's service center is asking for replacement of LED panel and it costs around 20-25 K,  I won't advise you to opt the advise for allowing  them (Company's Engineer) to repair the panel circuit of the tv and even if you are not satisfied with its performance then make a written complaint to the company stating all defects.

Under such facts & circumstances, I reiterate my previous advise for sending me copies of said documents for my appropriate legal advise i the matter.

Feel free to approach me through "www.powertoconsumer.in" by generating a Complaint with regard to your defective LED T/V and by supplementing the same with copies of required documents through my mail i.d. : shivesh@powertoconsumer.in OR shiveshkumarsinha@gmail.com

Further, you may also contact me over my mobile no. 09900775922, if feel so.

Thanking You,

SHIVESH SINHA

Advocate Cum Legal Adviser to www.powertoconsumer.in


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