Hello
@Ishnee
I'm sorry to hear about the issues you've encountered with your Samsung OLED TV purchased from Reliance Digital. Based on the information provided, it appears that the television developed a significant screen defect within four months of purchase, and both Samsung and Reliance Digital have declined to address the issue, attributing it to user damage. This situation may constitute a deficiency in service under the Consumer Protection Act, 2019.
Summary of Your Complaint
- Product: Samsung 55-inch OLED TV
- Purchase Date: December 2024
- Retailer: Reliance Digital, Anantapur
- Issue: Within four months, the TV developed a prominent black dot on the screen.
- Consumer's Position: The TV was handled with care, kept covered, and showed no signs of external damage.
- Service Response: Samsung's service personnel attributed the issue to user damage and declined to offer repair or replacement.
Relevant Legal Precedents
There have been instances where consumer forums have ruled in favor of consumers facing similar issues:
- In May 2024, the District Consumer Disputes Redressal Commission in Hyderabad ordered Samsung to refund ₹66,000 along with 12% interest and ₹10,000 compensation for a TV that malfunctioned within four months of purchase.
- In another case, the Adilabad Consumer Forum directed Samsung to refund ₹1.21 lakh with 12% interest and pay ₹25,000 in compensation for delivering defective televisions and failing to provide adequate service.
Haryana - Kaithal -
Samsung India Electronics Pvt V/S M/S Narsingh Dass Iron Merchants
- M/s Narsingh Dass Iron Merchants, Amargach Gamri, Gali No.0, Kaithal,through its sole Proprietor Shri Yogesh Kumar s/o Shri Narsingh Dass, R/O Model Town, Dhand Road, Kaithal.
- Yogesh Kumar s/o Shri Narsingh Dass, sole proprietor M/s Narsingh Dass Iron Merchants, Amargarh Gamri, Gali No.0, Kaithal.
Versus
- Samsung Electronics India Pvt. Ltd., registered office 6" Floor, DLF Centre, Sansad Marg, New Delhi-110001, through its General Manager.
- Samsung Customer Care Kaithal 1057/11, Marwa Complex, Opposite Advait Swarup Ashram, Dhand Road, Kaithal.
- Big Boss Electronics Pvt. Ltd., Dhand Road, near Advait Swarup Ashram, Dhand Road, Kaithal, through its Proprietor Smt. Neha Goel.
It is alleged by the complainants that he had purchased 55 inch LED TV make Samsung bearing Model No.55AU7700/0AK33PBR908626 for Rs.61250/- from OP No.3 vide invoice No.BB/1334/21-22 dated 15.01.2022. That after few days of installation, he started facing problem in the display of said LED as vertical lines started to develop in the display which are intensifying day by day. That on 09.02.2022, he reported the matter to the customer care of OP No.1 vide complaint No.4341477544 and on 09.02.2022, representative of OP No.2 visited his premises and after inspection failed to redress the grievance by saying that there is manufacturing defect, which is not curable. That he reported the matter to OP NO.3, but all in vain. That he served a legal notice upon the OPs dated 21.02.2022 through registered post. upon which, OP No.3 sent reply. The above act and conduct of OPs, amounts to gross deficiency in service, on their part, due to which, he suffered physical and mental agony as well as financial loss, constraining him, to file the present complaint, against the OPs, before this Commission.
ORDER
In view of our above discussion, we allow the present complaint against OP No.1 and dismiss the same against OPs No.2 & 3. We direct OP No.l to replace the LED in question (subject matter of Tax Invoice Annexure C-1) with new one of same model/design, subject to return the old LED in question, by the complainants, with OP No.1 along with compensation amount of Rs.5000/- + litigation expenses of Rs.5000/- to the complainants. It is made clear that in case, OP No.1 is not in position to replace the said LED of same model/design, then OP No.1 shall pay the cost price of said LED amounting to Rs.61,250/- to the complainants. OP No.1 is further directed to comply with the order of this Commission, within a period of 45 days, failing which, proceedings u/s 72 of Consumer Protection Act, 2019, shall be initiated, against OP No.l. A copy of this order be sent to the parties free of cost. File be consigned to the records, after due compliance.
Consumer Court Case against Samsung India Electronics Pvt V/S M/S Narsingh Dass Iron Merchants - Consumer Court Case against - Samsung India Electronics Pvt
www.consumercourt.in
Recommended Course of Action
- Send a Legal Notice:
- Draft a formal legal notice to both Samsung and Reliance Digital, detailing the issue and demanding:
- Replacement of the defective TV
- Compensation for mental agony and inconvenience
- Reimbursement of any additional expenses incurred
- Provide a reasonable timeframe (typically 15 days) for them to respond.
- File a Complaint with the Consumer Forum:
- If there's no satisfactory response, lodge a complaint with the appropriate Consumer Disputes Redressal Commission.
- Jurisdiction: Since the amount involved is ₹1,10,000, the complaint falls under the purview of the District Consumer Disputes Redressal Commission.
- You can file the complaint online via the e-jagriti Platform: Ministry of Consumer Affairs, Food, and Public Distribution, Government of India
- Procedure:
- Prepare a detailed complaint outlining all facts, supported by relevant documents (purchase receipts, photographs of the defect, communication records, etc.).
- Submit the complaint along with the requisite court fee (Zero in your case).
- Seek Compensation:
- In your complaint, request:
- Replacement/Refund of the defective TV
- Additional compensation for mental agony and litigation costs
Important Considerations
- Documentation: Maintain a comprehensive record of all interactions with Samsung and Reliance Digital, including service reports, emails, and any written correspondence.
- Timeliness: Act promptly to avoid any statutory limitations that might bar your claim.
- Legal Assistance: Consider engaging a legal professional to assist with drafting the legal notice and representing you in the consumer forum.
Before taking legal action, it is advisable to first send a legal notice to the Opposite Party.
Note:
We can assist in:
- Drafting professional legal notices.
- Filing consumer complaints for deficiency in service.
Feel free to contact us if you wish to proceed with a
legal notice draft or
complaint preparation.
Regards,
Support Team
By following this structured approach, you can effectively seek redressal for the grievances faced due to the defective television and the inadequate response from the service providers.
