Dear Sir / Madam I bought a Samsung LED TV on 13-Dec-2011 from a seller. Now in last month (MAR-19), the TV developed some defect so i contacted the company to replace the defective part. But the company is unable to provide the spare part now and is offering only 5K as compensation. The major problem is that I had bought the TV at the cost of 39000 INR from seller and the company is offering only negligible amount. With this amount i can't even buy a good mobile. On the contrary, the spare cost quoted by the company was 6000 INR at the time of complaint. I want company to either provide me the spare or give me new TV of same cost. Please offer some solution.
Hello,
Please see in the information voucher of the product as to for how many years company promised to provide parts of the product. You may send a legal notice to them and thereafter file a case before the District Consumer Forum for the deficiency in services.
Regards
Firstly,you should serve a legal notice to them, asking them to replace the TV or give you refund, alongwith interest and compensation within 15 days of receipt of legal notice.
If they fail to do so, you will have file a complaint in consumer court for deficiency of services and seek refund/replacement, alongwith interest, compensation and litigation expenses.
No company declare the spare keeping period. they never mention it anywhere. What's the law for keeping spares?
Manufacturers have to make spares and consumables available during a product’s expected lifespan. This has been held by the Delhi District Consumer forum in one of the case against the HCL.
There is no specific timeline
You may go ahead and send a legal notice and thereafter file a case
Regards
They need to repair or replace the same. You need to file a consumer complaint for the same
TV was not within warranty period
2) company is not bound to replace it
3) however company is bound to provide the defective spare part
4)if company fails to do so file complaint against company before consumer forum and seek orders to direct company to replace the defective part
5) seek litigation costs and compensation for mental torture undergone by you
1. Ordinarily spares are to be kept for 10 years for servicing.
2. Under such circumstances the LG Comppany had refunded the amount to settle the matter with me on receipt of l;egal notice from me.
3. These companies settle the matter amicably fearing adverse publicity.
Ordinarily spares are kept for 10 years for servicing sold appliances/items.
Dear Sir,
- If company states unavailability of spare parts due to non-availability or not in production, you can file the complaint under consumer protection act at Gurgaon dist consumer forum.
- Feel free to connect if needed any further advise.
Regards
Vivek Arya
How long a manufacturer is liable to make spare parts available for repairing is nowhere mentioned in law. However from various judgements order of consumer forum it is now almost settled in law that manufacturers have to make spares and consumables available during a product’s expected lifespan.
For further reference in particular of electronic items where technology changes very rapidly, one way to find out the product's expected lifespan is to check out whether the company is marketing the product at present.
These all factors are considered by consumer forum to settle all such kind of disputes.
Hope this will help in understanding what is the position of law in this regard as of now.
Hi,if your TV still has a warranty card ,then it can be replaced ..
Issue a legal notice to company through an advocate and file complaint in district consumer forum.
See TV is 8 years old not under warranty of any kind and the product depreciation is also there if you go sale same tv in market you wont fetch any good price so even if we go for a consumer complaint we wont get desired compensation though we can get above 5 thousand but then there shall be expenses in complaint also.
See in the judgement delhi forum has held that firm must provide spare part in products expected life span.
Send them a legal notice in this matter. In case they fail to extend you the requisite technical support and thereby do not repaid the TV within the given time frame, approach the District Consumer Forum against them.
There is no specific law for keeping spares in India.
Ideally, a company has to keep spare parts of the product even after 5 years of taking it off the shelves.
Dear sir
You should file a complaint in consumer forum for getting the compensation.
As your TV is 7 year old and every asset have some depreciation value which is deducted yearly. Let say 10% yearly deduction then for 7 years 27300 will be deducted the cost will be 11700 but this is the deduction we count in mechanical items. Electronic item have more deduction.
But still I will say They are offering less compensation and you should move to consumer forum for the relief. You will not get new TV but you can get a handsome compensation from samsung.
You will get relief from the Consumer Court for deficiency in service so don't waste time and file a complaint immediately.
The guarantee period for the TV would have expired then you may not be able to claim any such thing as a right.
The company has given you a good offer of Rs. 5,000/- since your TV is not in a working condition, if you still want to purchase spares, there is no restriction to buy if you pay the amount they demanded.
You may not have any ground to quarrel with the company especially no case agaisnt them either in the consumer forum or civil court may be maintainable on the grounds what you have mentioned here.
The company is changing the models every year and would promote new sets every time and they keep changing the spares also hence they may not stock spares for obsolete and old TVs.
There may not be any specific rule or law for storing spares for old sets.
In my opinion you wont be successful even if you file any case against the company in haste hence better discuss with your advocate and decide wisely
Company is bound to replace the defective part .
The company can charge you repairs costs