Fraud and mental Harasement of customer
7 months ago
I ordered a washing machine by applying exchange option for the exchange of my old product from samsung shop app which got delivered to me on the very next day but the exchange didn't happened. When I enquired about the exchange they told me that as in their system record no exchange offer is being applied by me hence they cannot initiate the exchange. But I received a mail on the date of the delivery regarding the exchange of my product that their exchange partner DIGIT2I will contact me and schedule a time for the exchange. When I told them about the mail they are not giving me any reason why I received the mail and refusing to give me any written reason regarding email. I also shared the screenshots of the email but still they are sticking to the fact that in their system no exchange has been applied. I have continuously contacted them for about 2 weeks now and I am frustrated and annoyed by this inconvenience. It could have happened because of some glitch or any kind of bug but its not my fault that my exchange in not being shown in their system. I surely remember applying it and the mail also mentions the details which I filled in their exchange facility option. I want to sue them for making fraud, violation of right to information to customer and Harassment.
In the given situation, you need to serve a legal notice to the seller and if no response is received or an unsatisfactory response is received, then, file a complaint before the Dist. Consumer Commission claiming compensation for harassment. Complaint should be filed within two years from the date of cause of action i.e, denial of your claim by the Seller/service provider. The amount of compensation depends upon the discretion of the Court. You may file your complaint on your own or hire the service of an Advocate for the purpose if required.
You can file a complaint at the consumer forum. You can also sue them under section 17 of Indian Contract Act for committing the fraud.