VIGNESH BABU B R B
New member
- Dealer Name
- SAMSUNG INDIA ELECTRONICS PVT LTD
- Company Name
- SAMSUNG INDIA ELECTRONICS PVT LTD
- Product Name
- 28 L Masala & SunDry™ Convection Microwave Oven
- Loss Amount
- 17281
- Ratings
- Opposite Party Address
- SAMSUNG INDIA ELECTRONICS PVT LTD,
C/O PROCONNECT SUPPLY CHAIN SOLUTIONS LIMITED
VALLIAPPA TECH PARK
SNO79 80 81 AND 82 HEJJALA RAMANAGARA
BANGALORE - 562109
KARNATAKA
1. Brief Description of the Case:
The Complainant purchased a 28 L Masala & SunDry™ Convection Microwave Oven (Order #33350896870) from the Opposite Party on November 10th, 2024. Due to unsatisfactory customer service, the Complainant requested cancellation and refund before delivery, but the request was ignored. The product was delivered on November 15th, 2024, and was found to be defective. The Opposite Party has engaged in deceptive and negligent practices, including false claims, denial of a refund, and disregard for the Complainant's consumer rights.2. Facts of the Case:
a) Order, Cancellation Request, and Delivery: The Complainant placed an online order for the microwave oven on November 10th, 2024. Due to poor customer service, the Complainant requested cancellation and refund before delivery via online chat (evidence attached), but the request was ignored. The product was delivered on November 15th, 2024.b) Defective Product and Installation: The installation engineer installed the product without inspecting the shipment box. The next day, the Complainant discovered the product was unstable and shaky due to a faulty shield and misalignment. The Complainant, being a first-time user of microwave ovens, initially attributed the instability to an uneven kitchen slab and moved the product, only to discover the defect later. The shipment box was also found damaged (evidence attached).
c) Service and Response: The Complainant immediately placed a replacement request on November 17th, 2024. The assigned engineer, who was also the installer, visited on November 19th, 2024, and falsely claimed that the product was not defective during installation. He failed to conduct a thorough inspection during the installation and did not provide a demo or explanation of the product features. When contacted later, the engineer stated that inspecting the product was the customer's responsibility, further demonstrating negligence and disregard for customer service.
d) False Claims and Denial of Refund: The Opposite Party closed the complaint case based on the service engineer's false statement. The Opposite Party also closed the Complainant's complaints filed with the National Consumer Helpline based on false claims and inaccurate information. The Opposite Party has continued to deny a refund, causing significant mental distress and financial loss to the Complainant.
e) Mental Distress and Financial Loss: The Opposite Party's negligent and deceptive conduct has caused the Complainant significant mental distress, anxiety, and inconvenience. The Complainant has suffered financial loss due to taking time off from work to address this issue and pursue legal action.
3. Legal Grounds:
The Opposite Party has engaged in unfair trade practices and deficiency of service in violation of the Consumer Protection Act, 2019. The Opposite Party's conduct constitutes:a) Unfair Trade Practices: The Opposite Party's false claims, misrepresentation of facts, denial of a refund for a defective product, and disregard for the Complainant's cancellation request constitute unfair trade practices.
b) Deficiency of Service: The Opposite Party's failure to address the cancellation request, inadequate response to complaints, negligence of the installation engineer, and refusal to address the defective product constitute deficiency of service.
4. Relief Sought:
The Complainant prays for the following relief:a) Refund: A full refund for the defective microwave oven (Order #33350896870).
b) Compensation for Mental Distress: A sum of ₹100,000 (Rupees One Lakh only) as compensation for the mental distress, anxiety, and inconvenience caused by the Opposite Party's negligent and deceptive conduct.
c) Compensation for Financial Loss: A sum of ₹[Amount] as compensation for the financial loss incurred due to taking time off from work to address this issue and pursue legal action. This includes lost wages, travel expenses, and court fees.
d) Litigation Costs: The Opposite Party should be directed to bear the costs of litigation incurred by the Complainant.
e) Any other relief that the Honorable Court deems fit and proper in the facts and circumstances of the case.
