[Resolved]  Samsung — Escape of Liability towards Warranty

Address:

New Delhi, Delhi

Date: 30.08.2013 Dear Sir, I have bought a new Samsung Galaxy Note II mobile phone on 12.11.2012 (within the warranty period as per the Company’s Warranty Scheme) for Rs.36400.00/-. On 13.08.2013 while I was working on the said phone, it suddenly got hanged up, so I tried to switch it off and restart again, however, it did not switch off either and I have to take out the battery for the same. After replacing the battery when I switched it on again, it still did not switch on, instead, it showed the message “FIRMWARE UPGRADE ENCOUNTERED AN ISSUE. PLEASE SELECT RECOVERY MODE IN KIES AND TRY AGAIN.” On reading the above message I thought it proper to take the handset to an authorized Samsung Service Centre the very next day i.e.14.08.2013. On reaching the authorized Samsung Service Centre at Aegiss Infotech, UG-26 A, Somdutt Chamber-1, New Delhi-110066, I told them the problem and they assured me that it seems a software issue and they will fix it in about 1 hour and asked me to wait in the waiting lounge. However, after an hour they told me that the issue seems to be one of the hardware or probably motherboard and as I have shown the handset to some unauthorized dealer outside, I am no longer entitled to Warranty Cover as per company’s policy and will have to pay Rs. 8,000/- for repair of an in-warranty handset. I told them that it is physically not possible for me to take the handset to some unauthorized dealer outside as it was just last night that my handset stopped working and I have brought it to the Samsung service center the very subsequent day. Besides, it is beyond comprehension that I will take the handset to some unauthorized dealer outside when I very well know that my handset is in warranty and Samsung company and/or its authorized service center is the best forum to show my handset for any problem(s). Moreover, no plausible explanation was provided by the company’s service center as to on what basis are they claiming that I have shown the handset to some outside dealer when there is no indication of the same, whatsoever; the seal of the phone is intact nor is there any tampering with the handset. From the abovesaid conduct of the company’s service center, it is patently clear that in order to escape their liability of repairing/replacing my handset and/or any component thereof as my handset is within the warranty period of one year, they are blaming me of violating the company’s warranty cover policy and take my in-warranty handset out of the said cover. The Company has misled, mistreated and harassed me by not providing me with the warranty cover and blaming me of violation of company’s warranty cover policy on vague and implausible grounds when fact of the matter is that my handset is very well within the warranty period and there has been no violation of any condition of the warranty cover policy of the company, whatsoever, on my part. I heard from someone that I could write my complaint here and I would be assisted so I am writing this in anticipation of a quick response. I want a complete replacement of the handset because the motherboard of the handset has gone awry in just a period of few months which makes it apparent that there is a manufacturing defect in the handset. The said problems have resulted in pecuniary losses apart from causing inconvenience to me. I also have clientèle abroad and need to be constantly in touch with them through phone/SMSes/e-mail. I am an Advocate practicing in the Supreme Court and Delhi High Court, and I am suffering immensely on account of all the above stated problems. I am bonafide consumer and my handset is under warranty. I am going to personally take up the matter to Court if not assisted and would ensure that bonafide consumers are not cheated by either Samsung or its authorized service centers by selling defective handsets and causing so much inconvenience to the consumers. A. Faraz Khan Advocate, 11-B, Mathura Road, Jungpura, New Delhi-14. Mobile No. [protected].