Legal Question in Consumer Law in New York

Not refunded for returned TV - Brooklyn Vendor

My wife purchased a Samsung LCD 40'' TV for $1409 last Christmas. Two TVs arrived in separate shipments somehow. We accepted one and denied the other. We have proof that DHL returned the TV with a signature of someone at the store, but 7 months later the store did not refund our money. Every week they told us it would be refunded in 48 hours. We passed the opportunity to contest the charges with American Express. We went so far as to travel to NY from DC (Where we live) and confront them directly. They gave us a piece of paper showing receipt was processing, even showed us the return online and we still did not get our money back. This was in May 2007.

This has caused tremendous stress on my wife, who is not from this country, and does not know what to do. A complaint filed with BBB of New York came to no positive resolution.

At this point we are weighing our options, and I am leaning towards a small claims lawsuit.

Questions:

1. What course should we undertake?

2. Can we sue at this point above the purchase price for legal fees and mental anguish?

3. Do we sue in New York or DC?

1 Answer from Attorneys

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