Samsung India Electronic Pvt Ltd — Deficiency in Service relating to AC

Address:

Kolkata, West Bengal

I, the Complainant, ordinarily reside at Agartala, Tripura. I am an Ex- MLA and a Senior Advocate ordinarily practising at Agartala. I have a ownership flat on 4th Floor of Palashkali building at BF 35, New Town, Action area -1, Rajarhat, Street No.165 in Kolkata where I along with my family reside occasionally. I purchased an one ton 3 star AC manufactured by you from your dealer, Home Town, Rajarhat, Kolkata vide invoice No.90340084 dated 19.10.2013 on payment of Rs. 27, 590/-. The said AC was installed in my presence in my said flat on 20.10.2013 by your authorised service provider, “ Cool Point” of 32/1, Baguiati 1st Lane, Kolkata -25 vide its money receipt No.3255 dated 20.10.2013 on payment of Rs. 3095/-. I along with my family satisfactorily used the said AC occasionally from 20.10.2013 to 05.01.2015. The flat was under lock and key from 06.01.2015 to 10.04.2015. I along with my family resided in the flat next time from 11.04.2015 to 19.04.2015. On 11.04.2015, we found that the AC is not working i.e. no cool air was coming out of it. On or about 12.04.2015, I made a call with your toll free number and my complaint was registered under Regn. No. [protected]. I was informed over phone by toll free call centre that engineer will attend the call and accordingly an employee of your authorised service provider namely, Cool Point of 32/1, Baguiati 1st lane, Kolkata-25 visited my flat on 14.04.2015, he checked the AC and said that gas had leaked out but he refused to undertake any remedial measure on spot and took the outdoor unit heat exchanger to Cool Point saying that defect would be identified in their workshop and I shall be immediately informed as to what was the defect and what would be the charge for repair. Cool Point, however, did not give any intimation even within a week, after about 10 days I was informed over telephone that a sum of Rs.7, 300/- would be the repair cost as the period of warranty for one year had expired. I wanted that the outer unit should be returned to its original place. Two employees of Cool point returned the outer unit and fixed it over the roof in its earlier place on 23.05.2015. They collected a sum of Rs. 250/- from me towards transportation charge vide receipt No.CP/PCR/2015/01403 dated 23.05.2015. It is pertinent to mention here that on 14.04.2015 the engineer had collected Rs.169/- during his visit vide receipt No.CP/PCR/2015/00088 dated 14.04.2015 issued by cool point saying that it was inspection charge. My younger son, Kaushik Bhaumik, who is an Electronics Engineer along with a private AC mechanic inspected the said outer unit on 24.05.2015 in my presence and after opening the cover it was found that the wires which are connected to the top of the compressor were lying disconnected and the cap which is fixed over the compressor was missing. Mechanic told us that the outer unit was returned in such a condition that private mechanic cannot repair it without taking it to workshop. Apparently the cool point was unhappy for my refusal to get the machine repaired on their terms. Cool point was under obligation to return the said outer unit in the condition as was prevailing at the time of taking it in their custody but they have returned the outer unit without the said cap and fittings which were earlier there. I had reported this fact to an Officer of the Cool point on 25.05.2015 over mobile phone of the Engineer of Cool Point who visited my flat to check fault in another AC in my flat in connection with another complaint bearing No. [protected] dated 23.05.2015. During the period of present heat wave in the country, the refusal of your service agent to get the machine O.k. on spot, the delay of more than 10 days in informing the nature of the defect and repair charge and thereafter, returning the outer unit in further faulty condition amount to your gross deficiency in service and it has put us in physical and mental strains and such attitude and action amounts to undue harassment to consumer. I, therefore, demand replacement of the faulty outer unit by a new one, and a compensation amounting to Rs. 50, 000/- for deficiency in service and physical sufferings and mental agony suffered by us and also for taking appropriate action against your agent Cool Point for causing disappearance of parts of the outer unit within a period of 15 days from today as otherwise I shall be constrained to take appropriate legal step. Awaiting your response and necessary action and thanking you. Yours sincerely Arun Kanti Bhowmik Sr. Advocate Ramnagar Road No. 4, Agartala, 799002, Mobile [protected]