Smit
in Tax and Accounting Law
Asked June 13, 2013

legal remedies for no refund

  • 2 Answers
  • 83 Views

Hi, I bought a Samsung Refrigerator from CROMA on 10-9-2010. CROMA had an extended warranty scheme as per which, I had to pay Rs. 1500/- and if I didn't utilize the warranty, Rs. 1500/- would be paid back. After two years, in the stipulated time limit of 30 days, I submitted all the necessary documents to CROMA, Mumbai on 14-9-2012. No money was debited to my account and thus I again wrote a letter to CROMA, Mumbai regarding the same on 14-5-2013. No response has been given by them. Mow, I would want to know what I could do regarding the same? Also, how much would it approximately cost? Would the hassle be worth for Rs. 1500/-?

Answers 2

Default avatar
Aditya Marwah

Hi Smit, till when was the product under normal warranty and extended warranty. Also check whether the extended warranty was given by Samsung or by CROMA?

However you can go ahead with a consumer complaint (CROMA being authorised dealership of Samsung) against CROMA retail and Saumsung in the jurisdictional Consumer Forum. 

RegardsAditya Sinha

Agree Comment 0 Agrees over 4 years ago

Default avatar
Shouvik Kumar

This question cannot be precisely answered without having a look at the precise terms of the warranty scheme. However, in case you believe that you've been wronged by Chroma, the easiest means of addressing your grievance is by taking resource to the Consumer Protection Act, 1986. As per the provisions of this Act, you must be a consumer (which you are, assuming that you did not buy the refrigerator for the purpose of reselling it), you must give a notice in writing to the supplier or service provider asking him to rectify the faults, defects, etc. (in this case, refund of the money as per the terms of the warranty scheme) and you should give one month's notice. You should address the notice to the nearest Chroma store available, so that if you have to file a consumer complaint, you can do so in the closest consumer forum. The complaint has to be filed within two years of the cause of action (in this case, the cause of action arises NOT when you've bought the refrigerator, but when you became eligible for refund). The complaint can be filed before the District Consumer Forum. Try to get it typed (though it can be hand-written), with at least 1-2 inches of margin space on the left, top and bottom. Following are the components that the complaint needs to have: Index, (no delay in your part, otherwise if 2 years elapse, then an application for condonation of delay with reasons sworn before a notary public), body of complaint (with chronological account of details of your grievance, the ground on which relief is claimed, and the relief (including legal costs, damages and interest) claimed, along with an affidavit that the contents are true to your best knowledge and copies of documents referred to. You need to sign the complaint. You can appear before the consumer forum yourself or engage an advocate (in which case, you need to enclose a signed Vakalatnama along with the complaint). 2 copies of the complaint need to be filed along with the original and if it is admitted, you will have to submit as many more copies as there are parties. The jurisdiction of the consumer forum where you should file the complaint depends on the amount involved. In your case, as I said, it will be the District Consumer Forum (up to Rs. 20 lakhs). The fee depends on the amount involved. It's Rs. 100 for claims up to Rs. 1 lakh. You can pay the fee vide a demand draft on a nationalized bank in favour of the President of the concerned District Consumer Forum. The Forum will go through the Complaint and point out defects, if any. You'll then be given a short date for admission and on that date, you (or your lawyer) has to appear and explain the Complaint to show that there is a genuine consumer Complaint. So all in all, the process may take a little time, given the number of cases pending before the forum concerned. However, if you represent yourself, the cost is a nominal one. And as many people think (a thought we at Law Farm hope to encourage), it's not as much about the money as the principle of things :) No seller should be allowed to get away with what in your case seems to amount to bare-faced fraud! I wish you luck in your endeavour.

Agree Comment 0 Agrees over 4 years ago

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