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premu menon (Manager)     25 December 2014

Can i get legal help against a defective smartphone

My name is Pramod. I want to know whether I am entitled for legal help against a defective smart phone.

I had purchased a Smart phone made by Samsung in 2013 July. The product cost me 40000 indian rupees and it had a warranty of 1 year. It is a Samsung Galaxy S4, a much hyped phone for its hardware stability and efficiency. After 1 year and 4 months of use, the phone has gone bad. The phone went into a reboot loop and later stopped working completely. When I took the phone to a Samsung Authorized Service center the next day, they told me after some checking that the phone's mother board has gone bad and it will cost me 10000 (ten thousand rupees) for replacing it. They however had formatted the phone and reset it. Since I was not in a position to pay that amount, I decided not to replace it and kept it aside. In the meantime I wrote/sent an email to the Samsung CEO office and they contacted me the next day and assured all assistance. They asked me what is my expectation and I told them that I want a free of cost replacement of the mother board as the phone itself cost me 40000 and I paid the money for its hardware and its stability as advertised. The person who called me assured that, though it is against their policies because the phone was out of warranty, they will do the best to solve my problem and that they will get me a free of cost replacement. Following day another person called me and assured me the same, but later in the day he called me again and said that they cant give me a free of cost replacement. He was very polite in the beginning, but was blunt and rude by the time he ended the call by saying that they cant help me in anyways. However they said they can give me a 3 months warranty on the new replacement if I pay the amount and replace the motherboard. A new replacement motherboard has 1 month warranty to it. 

My question is, am I in a position to seek legal help in this matter. I had paid 40000 rupees and they sold me cheap hardware. The phone has gone bad in less than two years. Please help me. I need to know whether I can get legal help in this matter. If I can, what should I do for it?



Learning

 1 Replies

Hardeep (Business)     26 December 2014

Unfortunately, you can't, legally speaking. The product is out of Warranty and the manufacturer is no longer bound.

 

Verbal assurances do not count. If you have anything in writing you may proceed accordingly. Maybe the best would be to get a commitment re 3 months warranty on the Mother Board and proceed accordingly.

 

 


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