How I filed consumer forum case against Samsung Electronics India…

Recently I had a very bad experience with Samsung India. The whole story you can read in the complaint I filed with the Bangalore consumer forum. Before you read the complaint this is what you need to do to file a complaint in the consumer forum.

• Application in the given format below or the format where you give an intro, transaction, defect, rectification, evidence, relief claimed and finally verification.
  • Intro: this is where you highlight the address of the complainant and the opposite party.
  • Transaction:  talk about the purchase and from where you made.
  • Defect: the defect for which you didn’t get a solution
  • Rectification: The attempts you made to get the defect rectified. explain the various options you pursued and be precise. Try to explain each and every option you pursued, with date time, name etc.
  • Evidence: evidence to substantiate the case. These can be purchase bill, any witness, any mail communication etc.
  • Relief claimed: what is the relief you are expecting from the consumer court.
  • Verification: section where you verify and declare that the info provided is authentic and blah blah to the best of your knowledge.
• Demand Draft (DD) in favour of “The president, Bangalore Urban District Consumer Forum”. Please verify the amount. The DD value is dependent on the amount of relief claimed.
• All the supporting evidences.
• Four copies of your complaint and supporting evidence. If the number of opposite party is one then you need four copies, else four copies plus the number of opposite parties. For e.g. if the number of opposite parties are 2 then you need 4 copies plus 1 copy. Total you need 5 copies. If the number of opposite parties are 3 then you need 4 copies plus 2 copies. Total you need 6 copies.
• Envelop with stamps. Stamp’s value should be equal to the cost of registered post. Again the number of envelop you need is equal to the number of opposite parties to whom notice needs to be served.

Note: If you are buying products of multi-national companies like Samsung etc which don’t have any regional offices, make sure you make the 1st party as the seller from whom you bought the product. This will help you in sorting out the court jurisdiction issue.

Again filling is dependent on the amount of relief you are claiming. Refer the below link.

http://kscdrc.kar.nic.in/casefiling.htm

The filling process is pretty straight forward. The Bangalore office of consumer forum is very friendly. You will surprised by the friendliness. They help you in all the ways possible. Consumer forum is truly consumer friendly in action and spirit. The only government organisation which is very cordial. Hat’ off to the officials at Bangalore Consumer forum. In 10 mins you will done with the filling, if you have all proper documents.

Once the documents are accepted the consumer forum official will ask you to call them the next day to get your case number and the first hearing date. Most probably the date will fall within 10-15 days of filling the case.

This is the simple process to file a consumer case. One big piece of advice, please don’t avail the help of a lawyer. It is pretty simple and straight forward process. The judges in the consumer forum/court are more considerate towards consumer who directly approach the forum than through a lawyer. That is what I felt, while being in the audience seat.

Now enough of the process, below is the format in which I filed the case. Also it has the complete torture meted out to me by Samsung India Electronics for buying one of their products.

BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT Bangalore

IN RE: CONPLAINT NO ……………………………………………………………..…… OF 2014

IN THE MATTER OF: Claiming complete refund of price of the washing machine

Sandeep P R,
S/O V.Purushothaman,
Age: XX years,
XXxxx-xxxx,
x Cross,
Xxxx Street,
XXXXxXXXXXX,
Bangalore – XXXXXX
Mobile: +91-XXXXXXXXXX

……………Complainant

-Vs.-

Samsung India Electronics Private Limited,
2nd, 3rd & 4th floor, Tower C,
Vipul Tech Square, Sector 43,
Golf Course Road,
Gurgaon -122002,
Haryana, India
Phone: +91-124-488-1234,
1800 - 3000 - 8282,
1800 - 266 – 8282

&

Pai International Electronics Ltd,
Head Office: No 28/A1,
100 Feet Road,
Indira Nagar,
Bangalore - 560038
Karnataka, India
Phone: 080-25219466/467

…………….Opposite parties

MEMORANDUM OF COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT:

The complaint submits as follows:

1. Introduction

The address of the complainant for the purpose of summons, notices etc from this Hon’ble forum is as stated above. The address of the opposite party for the similar purpose is as shown above in the cause title above. The Samsung call center executive was not ready to give a local/regional Samsung office address. Thus I am providing the Gurgoan address.

2. Transaction

The complainant is the resident of the above said address. The complainant’ family consists of five members, a 75 year old mother in law, 54 year old mother, 32 year old wife, 4 year old daughter and the complainant. The complainant had purchased a Samsung front loading washing machine (model #: WF1650WCW/TL) from Pai International Electronics, HRBR branch. The product was purchased on 10^th May 2014. The washing machine was purchased at a cost of ₹ 28, 500. The washing machine was delivered on 25^th May 2014. The demo for the product was given to the complainant’ family by an authorized Samsung executive on 7^th July 2014. Based on the recommendation given by the Samsung executive, the complainant spend ₹ 1800 and bought a washing machine stand and cover for the washing machine. The washing machine stand and cover was purchased from the Samsung demo executive.

The recommendation for the washing machine stand was that, the washing machine is kept in the utility area and there is a chance that the under belly of the washing machine can rust. The washing machine cover would protect the machine from dust and dirt.

3. Defect

After using the washing machine for nearly 2 weeks, it became dysfunctional. The reason was a rat made a hole from the bottom of the washing machine and made it’ way inside and bit few electrical wires.

4. Rectification

As soon as the washing machine was rendered useless, a complaint was raised with Samsung call center. The number to which the call was made is 1800 3000 8282. Complaint was raised on the 12^th of June 2014 at 3.00 pm. The ticket number for the complaint is 4175577036. For the next 2 or 3 days there was no response from the service center. After the complainant’ wife made calls directly to the service center (number was given by Samsun call center), Samrat Services (mob #: 994550383), a service engineer visited complainant’ house to have a look at the problem.

After having a look at the washing machine the service engineer confirmed that a Rat has got inside the washing machine from the bottom part of the machine by making a hole and has bitten the wires. He also suggested that front loading washing machine don’t need a washing machine stand. Because of the gap created by the stand, the rat had enough space to go below the machine and make a hole. If there was no stand, this wouldn’t have happened, opined the service engineer.

After analysing the damage the service engineer suggested full replacement of the wire assembly and assessed that it will cost somewhere around ₹ 2,500. The complainant agreed and the order for the replacement was placed by the service engineer. After placing the order, the service engineer conveyed that it will take 7 days to get the parts.

After say 8 to 9 days the service executive visited the complainant’ house with the ordered part. The service executive tried replacing the rat bitten part with the new part. The service engineer realised that the ordered part was not of the complainant’ washing machine but belong to some other model. Because of this mismatch the washing machine could not be repaired. The service engineer conveyed that he will once again place the order for the correct spare part.

After a week time there was no communication. After escalating the issue with the call center, the complainant got a call from the Samsung Delhi office. They informed that the company has initiated the refund process as a goodwill gesture for not able to rectify complainant’ washing machine problem. The same day (02^nd Jul 2014) complainant get’ a call from the area service center. They informed the complainant that they will come and collect few documents (ID proof and residential proof) to process the refund/replacement. Three guys from the service center come to the complainant house at around 8.30 pm and took pictures of the washing machine and collected the documents. After the documents were submitted there was no updates. On giving a call to the call center, it was informed that by 14^th July 2014 complainant will be given a solution.

Called the call center again on the 14^th July 2014 to check the status. A lady named Srividya attended the call. My refusal to disconnect the call until I get a solution, made Srividya get me connected to her lead Shobha. Shobha confirmed that the request from the service center for refund was refused. She also assured that she will send the refund request once again from her end. Also it was promised that I will get a solution in 48 hours.

Waited till 17^th July 2014 and made use of the “Email to CEO's Office” option from Samsung’ India website (http://www.samsung.com/in/info/contactus.html) to send a mail to the CEO. The reply to the mail is attached as Annexure C.

The complainant get’s a call from one Mr. Pradeep on the 25^th July 2014. The complainant had 2 discussion for 11 and 14 mins (both the discussion are available for reference as Annexure B.b and Annexure B.c). In the discussion Mr. Pradeep agrees that the product is new and there are difficulty in procuring the parts. Also he was of the suggestion that if the spare part is made available will the complainant be ready for service. As there was no certainty on the availability of the part, the complainant refused the offer and demanded full refund. It was more of a gimmick to buy time. He conveyed that he will be calling the complainant after an hour time. The call never came.

30^th July 2014, call was made by the complainant to Samsung call center to check what happened to the promised call from Mr. Pradeep. Call center executive Anbaarasy had no clue that someone called Pradeep called the complainant. On my insistence, she connected me to Mr. Shakthivel (may be her lead). He confirms about the call by Pradeep. He also assures the complainant that he will make sure that the complainant gets a call on the response within 24 hours.

No call for the next 24 hours. Finally a call is received on the 2nd of Aug 2014 from Sangeetha informing that no refund is possible. The call is available in the DVD as Annexure B.d

5. Evidence

1. Annexure A: Purchase bill from Pai electronics.
2. Annexure B: DVD containing the recorded conversation with various Samsung executives.
   1. Annexure B.a: “SamsungServiceFormCol2014-07-02_13-23-28.amr” has a small conversation with Mr. Ashok from the Samsung service center.
   2. Annexure B.b: “SamsungPradeep2014-07-25_15-59-16.amr” contains discussion with Mr. Pradeep
   3. Annexure B.c: “SamsungPradeep_2014-07-25_16-21-19.amr” contains the second part of the discussion with Mr. Pradeep
   4. Annexure B.d: “SamsungCallCenterSangeetha2014-08-02_09-16-47.amr” contains the discussion with Sangeetha.
   5. Annexure C: Reply from Samsung CEO’ office

I would request the Hon’ble Forum to request Samsung to submit all the calls made by the complainant as an evidence.

6. Relief Claimed

1. Direct the opposite party to fully refund the cost of the washing machine amounting to ₹ 28,500 for the deficiency of service provided to a brand new product.
2. Direct the opposite party to refund fully ₹ 1800, which the complainant incurred for buying the washing machine stand and cover. The washing machine stand being the root for the cause as identified by the service engineer.
3. Direct the opposite party to pay an interest of 10% per annum for an amount of ₹ 30,300 (includes the cost of the washing machine and stand cost) from the date the washing machine was rendered useless till date of realization.
4. Direct the opposite party to pay a sum of ₹ 100 per day from the date the complaint was raised till the realization of relief. ₹ 100 being the amount per day required to wash a pair of cloth for 5 member family.
5. Direct the party to pay as the Hon’ble forum may feel appropriate for the torture, harassment and discomfort inflicted to the family due to the poor service.
6. Direct the opposite party to pay the cost of the proceedings and
7. Grant such other reliefs as this Hon’ble forum deems fit to grant/award in the circumstances of the case, in the interest of justice and equity. 

VERIFICATION

I, Sandeep P R, the complainant above named do hereby verify and declare that what is stated above are true and correct to the best of my knowledge, belief and information.

Sandeep P R

Place: Bangalore

Date: