A Kerala consumer commission has directed an online shopping platform and a seller to replace a television after a customer complained that the newly purchased TV made a “horrifying sound” when switched on and developed a crack inside its display, The Indian Express reported. The commission also ordered the opposite parties to pay Rs 20,000 as compensation and Rs 5,000 towards litigation costs.
President Krishnan K and member Beena KG held the opposite parties liable for deficiency in service and directed them to provide the complainant with a new television of the same configuration, along with a warranty, within 30 days of receiving the order.
Kerala man buys TV for Rs 22,249
According to The Indian Express report, the complainant purchased a smart television for Rs 22,249. After the TV was installed, he switched it on in the presence of his family members.
The complainant alleged that the television immediately produced a “horrifying sound” and that its display developed a crack. As a result, he was unable to view programmes properly on the television.
The Indian Express reported that the complainant attempted to return the TV within around 15 minutes of noticing the defect. However, his return request was rejected without any reason.
Expert finds internal crack in TV display
An expert later inspected the television after notice was issued to both sides. The complainant was also present during the inspection.
The expert found that the display was not functioning fully and detected an internal crack that affected the working of the television. The commission held that the internal crack amounted to a “major manufacturing defect”.
The commission also observed that the complainant had purchased a brand-new television with the expectation of using it immediately, but was unable to do so because of the defect and the rejection of his return request.
Seller says manufacturer responsible for warranty
One of the opposite parties argued that it was only a registered seller and that the warranty for the product was provided by the manufacturer.
The party denied any deficiency in service and said it had no role in replacing the television.
However, the commission held that failure to comply despite promises relating to warranty and replacement amounted to serious deficiency in service. It consequently held that the complainant was entitled to a new television and compensation.
Consumer commission orders new TV, Rs 25,000 payment
The commission allowed the complaint in part and directed both opposite parties to jointly and severally provide the complainant with a new television of the same configuration with a warranty within 30 days of receiving the order.
In addition to the replacement, the opposite parties were ordered to pay Rs 20,000 as compensation and Rs 5,000 towards litigation costs.
The total monetary amount awarded to the complainant was therefore Rs 25,000.