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Meenakshi (Professor)     01 October 2013

Complaint against samsung mobile in consumer court

I was scrolling through my mobile samsung note 2 on september 29 when suddenly the screen went blank. Although i can receive calls, the screen continues to be blank. I had given it to the service centre for repair on september 30. They examined the phone and told me that water had gone inside the phone because of which the phone had stopped working. I know for a fact that no water has gone inside the phone. I was shown some whitish coating on one of the boards inside the phone. That could have been there earlier. Despite the fact that my phone is under warranty (i had purchased the phone on july 10), i am being asked to pay about 25% of my phone cost as repair charges.

Can i take this case to consumer court?



Learning

 26 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     01 October 2013

yes a fit case for consumer forum !

Sarvesh Kumar Sharma Advocate (Advocacy)     01 October 2013

take all the required papers as- mob. bill, service center bill and arise all issue before the forum clearly ! good luck!

Meenakshi (Professor)     01 October 2013

The question is, how do i defend myself. They will say that water has gone in and show the white coating as evidence. I have no evidence to show that water has not gone in. 

T. Kalaiselvan, Advocate (Advocate)     01 October 2013

Dont worry about their defense, you file a consumer case against the manufacturing defects and their refusal to replace despite the availability of warranty period.  Immediately send them a lawyer's notice and preserve the served postal acknowledgment cards so that you can state that despite having given them an opportunity, they failed to rectify/replace hence deficiency of service to the consumer.

Meenakshi (Professor)     02 October 2013

Many thanks Mr. Sharma and Mr. Kalaiselvan. I will take your advice and file the case. 

Debendra Nath Biswal (Ex servicemen)     12 October 2013

Sir,

  I have purchased One Samsung mobile of model no   2252   of Rs 2500 on 31 Jul 12. And on 24 Sep 2013, Mobile became faulty and I handed over to service centre for repair. As its warranty perion was for one year and upto 31 Jul 2013. They asked me to pay Rs 1700 as mother board faulty . And I sent an e mail to CEO of samsung Noida regarding this. But They did not listen it, they told that i have to pay Rs 1700 for repairing it. If any body purchases a moble of reputed company and he has to pay Rs 1700 within one year two months on the cost of Rs 2500 moble. Is it justified ? Can I go to consumer courth regarding this. please suggest.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     13 October 2013

@ Mr. Debendra Nath Biswal

You can try before the Consumer Court. If the Consumer Court feels that you do not have a case, they will reject it at the admission stage itself. Otherwise they will admit it and send notice to the Opposite Party. Even if you do not have a case, reputed Opposite Parties often come for out of court settlement as otherwise their reputation will get affected.

Debendra Nath Biswal (Ex servicemen)     14 October 2013

Sir,

What is procedure for consumer forum, what types of documents required for it ? as i am from Baripada (Odisha) , can u guide me about this.

Thanks.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     14 October 2013

At first you have to find out the address of the District Consumer Forum having jurisdiction over the dealer or Samsung Office from where you purchased the item. Then you have to submit your complaint to the Forum. There will be a fee. It was Rs.100/- 3 years ago. I do not know how much it is now. You go to the District Forum Office and ask the staff there. They will guide you if they are consumer friendly. There are also websites which give guidance. You go to Google, enter "Consumer Complaint" and see.

Heena (Team Lead)     17 January 2014

Hello

I bought a Samsung Note 2 Phone on 20th July,13. It started showing charging/battery problem withing 60-70 days and it was taking 4-5 hours to fully charge my smart phone(whereas it just need to take max 2 hours). Then it started showing problem in USB attachment with the PC. So, i decided to move to the samsung service center at the end of October (which is just within the 3 months of purchase).

After this replacement, again the problem appear (in November) for charging port and they changed the USB cable this time. Subsequently i used the phone and within 1 month it again started showing same problem, they have again changed the jack.

After these 3 replacements , the same issue occurs and i asked them to replace the phone. But they denied and said that as there is no problem in motherboard so we can't replace until and unless we identify the exact problem existing in motherboard. My phone is still under 5-6 months of warranty. Can i file a case in consumer court for the same? As i don't have the receipt that samsung care have done 3 replacements to my phone's parts.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 January 2014

Have you got the receipt or bill or warranty document which they gave when you originally purchased the phone?  In case you do not have them, have you got record of original payment such as, say, credit card statement, bank account debit etc. If you do not have even these, you can still file a consumer complaint. But first send a registered AD letter to the address from where you purchased the instrument originally. Ask them to refund the amount with 18% p.a. interest. Also state in the letter that you will file complaint before the Consumer Court claiming besides refund and interest, compensation for mental agony, suffering due to having to go to the service office again and again and losses  due to non-availability of the phone. 

Heena (Team Lead)     19 January 2014

Yes I have d original bill.Also I do have credit card statement. But there is one problem..recently my phone's screen broke that means a small physical damage..so, still can I file a case in consumer court..? Am I still eligible for filing a case against the dealer?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 January 2014

The Original bill is enough. Still you can file case in the Consumer Court.

SANDEEP PANDEY (EXECUTIVE)     29 January 2015

HI,

Even i faced the same problem in my samsung note-2 mobile..with that there were lots of more problem in my handset..i have also faced moile backcover  laminated sheet burned due to over heating of my handset. i have been complaining for 1 year bt they were temporarily fixing the problem, nw atlast they have told me that water is locked inside my handset n this condition is out of warranty..n i knw this is not possible.. they are jst fixing there fault on us.. I'M Attaching my all conversation with brand.


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