The Consumer Court Case - Samsung vs Gulagulaananda

 Swami Gulagulaananda said:

"Jaago Grahak, Jaago"


Pick up any book on startups, and you'll always find customer-centricity as a core tenet for a company. "Give the customer what they want, and the rest shall follow" advise the pundits. While evolving from resource crunched scrappy startups to competition-trampling behemoths, companies often develop a  flippant attitude towards their customers. If you are lucky, you will even experience it blossoming into effrontery. In this post, I want to share my excruciating experience with Samsung, and how a consumer can fight back Goliath.

Wardrobe Dry

A year ago, we decided to upgrade our washing machine. Our IFB machine had been serving us well, but we still need to put our clothes out for drying. Rather than opting for an additional dryer, we thought of going for an all-in-one washer-dryer machine. These machines have modes called Wardrobe Dry, and as the name suggests, spit out clothes so dry that you can directly stash them in your closet. Now, I have always been a huge proponent of online shopping, but as it was a family purchase, we decided to visit Pai International in RR Nagar, Bangalore. We quickly zeroed in on two brands - IFB and Samsung. My parents were keen on the IFB model as it has been our reliable workhorse for several years. 

On the other hand, I was enamoured by all of Samsung's technobabble - AI-based learning of wash cycles, WiFi connectivity and notifications to your phone when the wash/dry cycle completes. The machine, it appeared, could do all but cook... or perhaps it could do that as well, if you configured the knobs correctly (2.5 men anyone?).

We purchased the model WD90T654DBX. The appliance was promptly delivered and installed by Samsung's agents. He walked us through the functionalities and bade us farewell. I was delighted to see how long until the wash cycle ended on my app. Everything was spinning around nicely...

...until one day, fewer than 10 days post-installation, we heard a loud metallic clanging sound. We rushed to the machine and found water everywhere. We immediately turned it off, and called the customer care. A technician from Samsung's local partner team visited our residence, looked around, shot a couple of pictures, and said that he would report back to HQ and let us know the next steps. Apparently the drum was broken, and we were disappointed that we ended up with a lemon.

What's up, Holmes?

A few days later, we were informed that the machine had broken as we had put bedsheets for washing despite their express instructions to not wash bedsheets. As this was a mistake from our side, we were asked to get it repaired for a one time amount of some five and a half thousand rupees.

Bedsheets?!? We were livid. We explained that we had only put our daily wear for wash, and no bedsheets. Little did we know that Samsung's local partners were Sherlock and Mycroft incarnate, for they had apparently discovered little twines of lint and deduced, elementarily of course, that bedsheets had been washed. "Balderdash. The washing machine broke on its own accord well within the warranty period (10 days since purchase!)", we exclaimed, but our protestations fell on deaf ears. The dicks (pun intended) had concluded their investigation, and we were told to fork out the dough. "Warranty doesn't cover the drum", they explained, "and this was due to user's mistake". "But how did you conclude that it was our mistake? We are telling you that we didn't put in any bedsheets. Or share your official report with us so that we can take this ahead accordingly" but all of this was to no avail. The man was quite rude to boot. Quite upset, we met the manager at Pai International who assured us that they are 100% behind us. They shared a phone number where we could escalate. I promptly called the number, which turned out to be that of the rude man's manager. The big cheese was patient and polite, but summarily told me the same thing that his direct report had told me, and asked me to escalate it to Samsung directly.

The Social Network

I have heard several folktales about how Tweets and Facebook posts of disgruntled customers go viral and how societal pressure makes massive organisations buckle. With great panache, I pulled my Twitter account out of the Lazarus Pit and tweeted my frustration at Samsung. Someone from Samsung promised a phone call bringing me much relief. Finally someone responsible to look at my problem, I thought. A call promised me that their tech team would look into the matter. 

A few days later, I was informed that their team had concluded their investigation, and the summary was that it was our fault and that we had to pay for the repairs. Just like before, I sought an explanation for the damage and how they concluded that it was my fault when the washing machine broken on its own accord. And as before, I was given the same explanation that the drum was not covered under warranty, and that their internal tech team had reviewed the images and arrived at the same conclusion. I requested them to share the technical report with me, and they said that internal documents cannot be shared. I requested for another technician to be sent to relook at the machine, but they refused to do so. Considering that the machine was advanced with Artificial Intelligence and what not, shouldn't the machine have prompted if it was overloaded? I asked them to look into the telemetry data and share those details, but they refused to do that as well.

The Goodwill Gesture

By now, multiple months had rolled by, and I was running from pillar to post, between Pai International and Samsung's drones, but there was no respite anywhere. Finally Samsung said that they were willing to make a concession - "As a gesture of goodwill (and since you have been nagging for so long), we will waive off the repair charges". Why should I settle for a broken machine when it is not my fault? It was clearly a manufacturing defect, and you have done nothing to prove that it was my fault. I clearly stated that I would not settle for anything except a full refund or a replacement.


My years in the corporate world have taught me to capture all ongoings in writing/email, and all "minutes of meetings" had been duly recorded by me. I eventually started threatening <gasp> legal action. (Secretly, I had always wanted to say "See you in court" despite knowing the arduous journey. I could visualise my grandson using the 'wardrobe-dry' functionality as he showed his grandchildren how yesteryears technology worked with something called WiFi). At some point, they said, "Do what you must" (Read: Go to hell).

The Quest for Justice

And thus began the quest for justice. A few internet searches told me that the first step is to send them a legal notice. Legal notice, I thought, means lawyer, since I don't know where exactly one ought to use legalese like herewith, wherewithal and aforementioned. Through our contacts, we reached out to a couple of lawyers who informed us that the first step is the aforementioned legal notice that typical resolves 80% of the cases. Apparently large faceless organisations fear attorneys like evil spirits despise exorcists. if they didn't shriek and fret, then we would have to fight the case in court, which would take longer and cost higher. One lawyer even asked us to consider the wherewithal vis a vis the machine cost, suggesting that we would be out of pocket for more than the machine (which of course we would eventually be recompensed). Drafting the legal notice alone would cost Rs 5000.

A few more internet searches showed me that there were several former avatars of justice seekers in the past who had won, and sought to educate similarly wronged consumers. They have created websites and forums to discuss how easy it is to draft legal notices. I even found a few books on Kindle that contained samples (herewiths included). It didn't look difficult. At some point, through our contacts, we came across Human Rights Protection Foundation (based out of Udupi) which is chiefly driven by Dr Ravindranath Shanbhag. Dr Shanbhag has helped and empowered hundreds of litigants like us fight cases, and all of this pro bono. Please note that my goal was not to skimp on the lawyer fees, but to take time and understand how this space works. As a total novice to the area, people like me are vulnerable and easy targets to unscrupulous advocates.

Dr Shanbhag immediately asked us to cast aside our concerns and assured us that he would guide us every step along the way. He shared a sample draft and asked us to draft the legal notice ourselves by following the structure. He reviewed the draft, and asked us to send it to Samsung via Registered Post AD. This is to ensure that there is acknowledgement that the recipient has indeed received the notice. In the notice, we had reiterated our issue, and that we sought refund/replacement and damages for making us run around.

The Ghost of Vaas Montenegro

A few days later, I received a phone call from Samsung and had an identical conversation as before. I tried my best to humanise the customer and persuaded him to think from a customer's standpoint. "Imagine", I said, "investing your hard earned money into an expensive machine, only for it to break within 10 days. We have been reasonable all along. I have given multiple options - Relook at the machine, share your report, share telemetry information, refund, replacement, but you are being unreasonable and asking me to accept something at face value without a shred of evidence. The official explanation was 'external factors'. Is that fair? Wouldn't anyone want justice? Wouldn't you want someone to take a deeper look?" The drone made all the right humming noises, and said that he would discuss this internally. And as expected, he said that nothing could be done about it. He did have one positive thing to say - As a gesture of goodwill, they were willing to repair it at no cost.

I believe it was Albert Einstein who famously stated that the definition of insanity is doing the same thing repeatedly and expecting different results. Samsung's "Internal Investigation" was to look at the same two images and arriving at the exact same conclusion. I never could understand why they never took any initiative to go beyond that. Pai International's role throughout this entire ordeal was to forward emails to a publicly available email address. I could have done that exact same thing with fewer hops.

National Consumer Helpline

I eventually registered my grievance in the National Consumer Helpline forum. While their website could do with some upgrades, the forum is quite straightforward to use. There are multiple ways to register your grievance, and I used their form to provide my details. A few days after my grievance was registered, I received a call from an indignant Samsung representative. He complained to me that I was repeatedly bringing up the same issue despite multiple clarifications from their team. This is the third time you are escalating, he chided. (By Albert Einstein's definition, he must have reckoned) I clearly told him that the number of times I call is no indicator of anything, for my issue is still unresolved. "Refund or Replace" I repeated. "Repair" he repeated. "Court!" I yelled. We both hung up.

A few days later, the National Consumer Helpline complaint expired with no resolution, as the opposite party (Samsung) had not responded. It was recommended to file a formal complaint in the consumer court, and a link was shared by them. This process appeared more formal, but I was completely willing to go to the end of the world. The inertia at Samsung's end was unfathomable. I began reorganising my data into the appropriate format to file a formal complaint.

Light at the end of the tunnel

Fortunately, a few days later, I received a call from Samsung saying that they would send a technician for reevaluation. I was told to expect a call from their service centre. I reminded her that their earlier partner company was both incompetent and belligerent, and it would perhaps be better to send someone else. We would, for full disclosure, be recording the entire proceeding from multiple angles. Later that day, I received a call from their service centre and the man said that he had reviewed the pictures from my case, and that there was no action to be taken - "There is no way that you will get a replacement or refund. You will have to pay." "The whole reason I have been fighting is to counter that", I explained. "Nonetheless, this has been addressed at the head office level, just let me know when you are going to visit." "I am not sending anyone over, this is a closed case" he retorted. "Fine, I'll go ahead with the court case" I said. "Do what you want" he hung up. I responded on email that this was the conclusion. The lady handling my case assuaged my concern and said that she would handle it. Eventually I received a call from their technician and a meeting was scheduled. We made sure that the entire proceeding was captured on camera, and we asked him to share all pictures that he had shot, for we know Samsung's internal reports are top secret.

Conclusion

A few days later, we were informed that Samsung would be refunding the full amount paid for the machine. They collected some details from me, and dispatched a team to collect machine in exchange for a DD.

What changed? It is the same washing machine with the exact same damage. How was it that they decided for a refund this time? How many of us would have had the time and energy to keep this fight ongoing in a sustained manner with Samsung. It took us one full year to bring this to conclusion (because I trusted Samsung. In hindsight, I should have filed earlier). Almost everyone aware of this issue has told me that they would have probably settled for the free repair. And I think Samsung knows this very well. In general, we just want to get done with our ordeal and get on with our peaceful lives, and organisations such as Samsung take advantage of our peaceful nature. And I find it laughable when I look at Pai International putting customer centric in their advertisements. Once the transaction was complete, their role in this was nil. Now, one may argue that they are just an intermediary, a portal, an outlet of sorts, and have no role to play. In that case, all such portals are identical and we should simply compare them by prices, for they play no additional role. Their manager should have clarified up front that they will have no further role to play, and I would have escalated to Samsung earlier rather than relying on the folks at Pai.

Before concluding, I would like to once again thank Dr Shanbhag for his support, and to the National Consumer Helpline and the Consumer Forum for bringing the fear of God into Samsung, for the punitive damages would have been significantly higher than the amount that they refunded for the machine.

The next time you feel that you are being taken for a ride, please remember, that National Consumer Helpline is always there for you.


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