Greetings of the day!
I hope you all are doing well. I have been an active reader on this forum since 2013. I respect the views of all members and very much value the exquisite insights available on this forum on multitude of topics.
Unfortunately, not for good reasons but I am in dire need of suggestions and it is my firm belief that this will act as a reference to many other people.
I find myself in a frustrating situation and am looking for advice, particularly on potential legal actions or consumer rights remedies. My case involves a damaged product – a Samsung 4K UHD Smart TV – that I purchased directly through Samsung’s official shopping platform. Despite having indisputable video proof showing the TV was delivered in a damaged condition, Samsung has outright refused to replace the product or issue a refund. Here’s the full breakdown of what has transpired:
Product and Purchase Details:
I am currently a student and eligible for Samsung’s student discounts. On June 7th, 2024, after getting bombarded by calls from Samsung’s sales team, I decided to place an order for the Samsung 1.38 m DUE76 Crystal 4K UHD Smart TV (55DUE76AK) through their shopping app. The product’s serial number is 0AX03PAX400324, and the order ID is 33352112405. Despite my original plan to purchase the TV later in June, I preponed the order due to persistent calls from Samsung’s sales advisors.
The TV was delivered to my home on June 11th, 2024. However, since my TV unit was still under construction, I chose to delay installation and initially rescheduled the service via the app to June 12th, followed by a further rescheduling to June 16th on call, based on advice from Samsung’s installation team.

Picture - This is exactly where it was stored after delivery. Occupying a single full bed with cushions placed beneath. This shows how much it was cared for
Samsung's Policies:
The three key policies that Samsung claims justify their denial are as follows:
1. The TV must be installed within three days of delivery.
2. The unboxing must be done only by Samsung personnel for the customer to qualify for replacement or refund.
3. Any damages or issues must be reported within three days of delivery.
My reasons:
1. Samsung’s installation technician did not inform me about the first or third terms and conditions when I requested to reschedule the installation beyond the 3-day period. I should have been warned. I postponed the installation because of an unforeseen delay in completion of my TV unit. If they would have, I would have got it installed on a table for the moment. If the sales guy told me the same, I would not have bought the TV in the first place.
2. I decided to open the box myself because I realized, that I have only till third day to report damaged/incorrect product. By the time I realized this, it was already past business hours on the 3rd day, and I wanted to ensure the TV wasn’t damaged. I couldn't get Samsung’s approval as it was already past 9 p.m., and their customer support was closed for the day.
3. Regarding the second term, while I did unbox the product, I have a solid reason (stated above) for doing so. Additionally, I have full unboxing video in excellent quality, which clearly shows the TV came out of the box itself in a damaged condition.
4. The damage to the box is clearly visible in the pictures, and even Samsung’s technician acknowledged that it was pinched as can be seen below.
5. Me opening the box, does not in any way absolve Samsung from honoring my consumer rights. I deserved to get a defect/damage free product against my order and payment.
Bottom line:
At no point during the various sales calls and the calls which I received from installation personnel was I advised by any Samsung personnel verbally that:
1. The TV must be installed within three days of delivery.
2. The unboxing must be done only by Samsung personnel for the customer to qualify for replacement or refund.
3. Any damages or issues must be reported within three days of delivery.
If the sales guy told me the same, I would not have bought the TV in the first place. If the installation guy had informed me, I would have gotten the TV installed anyhow. They basically cornered me to buy the TV and are now refraining from providing any support.
Additionally, as a customer, I believed the procedure would be similar to the unboxing of mobile phones, which requires immediate inspection and reporting. My bad. I understand.
Samsung’s Response and Denial:
Upon discovering the damage, I immediately repacked the TV and initiated a replacement request through the Samsung Shop app. This request was swiftly denied by the customer service team, citing their policy that only Samsung installation personnel are permitted to unbox televisions. They argued that by unboxing the product myself, I violated their terms, thus forfeiting my right to a replacement.
I understand that policies are in place to protect both the customer and the company, but I was completely unaware of this specific requirement.
Supporting Evidence:
I have complete video footage showing the unboxing of the TV and proving that it was in a damaged condition upon being removed from the packaging. The damage was clearly visible right after the top protective layer was taken off, and no accessories or internal components were tampered with. This video demonstrates beyond doubt that the damage occurred either before or during delivery, and not as a result of any actions from my side.
In addition to this, photographs of the packaging reveal that the box itself was mishandled, appearing pinched and misaligned in certain areas. A Samsung technician who visited on June 22nd confirmed the box's abnormal condition, which was documented with further images. (Images above)
Current Situation:
Despite all the evidence I provided – video proof of the damage during unboxing, photographs of the misaligned packaging, and testimony from their own technician – Samsung has categorically refused to replace the TV or issue a refund. Their refusal is based solely on the fact that I opened the box myself, completely disregarding the video evidence that proves the TV was damaged before I even touched it.
As a student, I spent ₹37,000 on this purchase, which is a significant amount of money for me. I have always trusted Samsung products and have recommended them to my family and friends. However, this experience has severely tested my patience and faith in the brand.
Next Steps and Legal Considerations:
I have been left with no option but to consider legal action. I am seriously contemplating filing a complaint in consumer court, as I believe Samsung has unfairly denied my legitimate claim. My rights as a consumer have been disregarded, and it feels as though Samsung is hiding behind policies that were not clearly communicated at the time of purchase. I understand that taking this to court will involve legal expenses, but I am prepared to pursue it if necessary.
Questions for the forum members:
1. Has anyone had a similar experience with Samsung or other companies regarding damaged products and replacement/refund denials?
2. What steps would you recommend I take to escalate this situation?
3. What are the legal options available to me in this case? Has anyone pursued legal action in consumer court for such matters?
4. Are there any organizations or consumer advocacy groups that could assist in this case?
5. Does the breach of contract on my side (Unboxing the product myself) absolve of any responsibility? (Inspite of having video proof)
Any advice or guidance would be highly appreciated. I am hoping for an amicable resolution, but I am prepared to take further action if necessary.
Thank you in advance for your input. Awaiting all your responses.
P.S. I have joined this forum very recently, hence request the all the members and moderators to guide me in correcting any mistake that I might have made while posting this. Additionally, I did search the forum before posting this, hoping that I posted this on the correct thread. If there is an even more appropriate thread, would request the moderators to move this post as per there discretion. If possible, would also request them to move this thread to the homepage in order to gather maximum responses.
Regards,
Shubham