Consumer wins Rs 16,999 payout after washing machine ‘fails’ within warranty

Bought online, broke down within months

The man allegedly purchased a 10 kg, 5 Star Aqua Magic Double Waterfall semi-automatic top-load washing machine in black grey colour through Flipkart for Rs 9,999 on April 21, 2024. The product carried a two-year warranty and a five-year motor warranty, and was separately insured through Jeeves Consumer Services Pvt Ltd.

Soon after the purchase, the machine allegedly started showing problems with its door, washer and dryer. The man alleged that he spent Rs 500 twice on repairs, but the defects persisted. Thomsonhomes eventually informed him by email on February 19, 2025 that the machine was not repairable, and offered only a partial refund of Rs 3,999.60, calculated as 40 per cent of the product’s value under its return/service assurance policy. 

The man’s counsel, Advocate Deepak Aggarwal, argued that the offer amounted to deficiency in service and unfair trade practice, since the man was entitled to a full refund for an irreparable, defective product still under warranty.

Insurer says its role was only supplementary

Thomsonhomes, Flipkart and Consulting Rooms Pvt Ltd did not appear before the commission despite being served notices, and were proceeded against ex parte.

Only Jeeves Consumer Services (the insurer) contested the complaint. Its counsel, advocate Gaurav Bhardwaj, argued that the man had availed a protection plan at the time of purchase, and that its technical team had inspected the machine and found it irreparable, entitling him only to a refund under the plan’s terms, not the replacement he was separately insisting on. The insurer maintained that the man had concealed material facts and had not approached the commission with clean hands.

Commission holds seller responsible, not insurer

The commission noted that the machine had developed a defect within the warranty period and could not be repaired, and that neither the manufacturer nor the seller had come forward to rebut the man’s claims. It held that the primary responsibility to refund or replace a product with a manufacturing defect lies with the seller or manufacturer, while an insurer’s role is limited to risks such as accidental damage that fall outside warranty protection.

The commission directed Thomsonhomes, Flipkart and Consulting Rooms (seller) to jointly and severally refund Rs 9,999 to the man with 9 per cent simple interest from the date of payment, and pay a consolidated Rs 7,000 towards compensation for mental agony and harassment, along with litigation costs.

Compliance was ordered within 45 days, failing which the amount would carry 12 per cent penal interest until realisation. The man was directed to return the washing machine to the three opposite parties, who would collect it at their own cost. The complaint against Jeeves Consumer Services (the insurer) was dismissed.

Takeaway

A seller cannot limit its liability to a partial “assurance value” refund when a product develops a manufacturing defect within the warranty period and is found to be irreparable. Consumers are entitled to a full refund or replacement from the seller or manufacturer in such cases, and a separate insurance policy does not shift that responsibility onto the insurer unless the damage falls outside warranty coverage.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Chandigarh: 0172-270-0183) or call the National Consumer Helpline at 1915 for assistance

(Written by Avinash Verma, Avinash is an intern with The Indian Express)