Consumer court complain for Poor After Sales Service by Samsang

Sir
I purchased a Samsung mobile phone model no Galaxy A5 worth rupees 19000 from Nanak Electronics Pvt Ltd located at Karol Bagh, New Delhi, under invoice no 2024 dt 24th June, 2016. Xerox copy of invoice is attached herewith. During 20th to 28th June, 2015, Samsung was running a promotion campaign under name of Blue Fest in which it was offering free devise care for a period of one year from date of purchase. The devise care means covers from physical and fluid damage. In other words, the offer is of a free insurance for protection of phone from physical and liquidated damage. An official confirmation of this offer can be had from the website of company or by clicking at http://www.samsung.com/in/news/local/samsung-announces-blue-fest-to-celebrate-becoming-indias-biggest-single-brand-retailer. The offer can be read as posted on other internet site (1) http://www.newtechnology.co.in/samsung-blue-fest-offers/ (2) http://maktechblog.com/samsung-kicks-off-blue-fest-in-india-offers-free-device-care-and-15-discounts-7225/ (3) http://www.mymobileindia.com/news/samsung-announces-blue-fest-on-becoming-indias-biggest-single-brand-retailer/ A copy of all these internet posting is attached herewith for your ready reference.
As per scheme explained, customers were required to purchase the phone and just register with Samsung company within 7 days in order to avail the scheme. I purchased the phone on 24th June and registered same with company on same day and company in turn confirmed me of successful registration. To have a cross check on my registration and eligibility to offer of free devise care, I called up the customer care after 3 days as well. If the call logs, which are exclusively with company only can be easily verified.
My phone has got physical damage in 1st week of May, 2016 and I approached CEO of Samsung via email (portal mode) on 9th May, 2016 with request to free repair my devise in terms of the offer. Samsung did not respond to the mail in writing till date. However company informed shockingly over phone that no such offer was ever made by the company. On my giving reference to promotional advertisement, company maintained that the offer was in collaboration with a third company called AppsDaily and asked me approach AppsDaily for repair. I was shocked to hear about Appsdaily and for first time I heard of such name. I revisited the company’s website and couple of other website wherein this offer had found mention. I could not locate any such page / document which speaks/mention of any third party involvement in providing the service of free protection till 1 year.
Your honour I request you to please see the attached print-out of product promotion taken from company’s website. If the company is claiming to provide any service and performance of such service has been outsourced to a third party, I feel it is a very vital information and such information must have been written on company’s website in bold letters. The present denial by the company to undertake repair at free is an afterthought. It’s a clear case of cheating and fraud.

It is completely untrue that free insurance scheme was in tie-up arrangement with Appsdaily. Or altest publically it was never revealed. Had such be the case company could have mentioned in its offer alteast over its website.
Samsung has deliberately deceived its customer. It has leveraged its brand image to mislead people. With false promise of free insurance and protection, it run its sales campaign and managed big sale.
Company follow replying over phone instead in writing and despite a formal request it does not reply in writing. Recently I had requested its customer care executive to send me in writing whatever Samsung want to say about my complaint but it categorically denied.
Prayer Clause
I therefore make my humble submission before this court to the following:
1. Samsung must repair my phone with free of cost.
2. It should pay me Rs 50000 as compensation for mental harassment and as deterrent to repeat this practice with any other customer
3. It should publish a external email id and mention its postal address to communicate.

Thanking you


Pradeep Jhalani
35B, 1st Floor, Block-I, Lajpat Nagar-2
New Delhi-110024
Mobile 9810557056
Email: pradeepjhalani@gmail.com