Dealer fails to repair ‘faulty’ LED TV, senior citizen wins Rs 45,000 payout

“The complainant is a retired central paramilitary officer and a senior citizen. He was deprived of the use of the television purchased by spending a substantial amount from his limited resources. The prolonged inaction of the opposite parties has undoubtedly caused inconvenience, hardship and mental agony. Therefore, he is entitled to reasonable compensation,” the commission said in its June 29 order.

The commission further observed that when a product develops defects during the warranty period, a consumer is entitled to repair, replacement or any other effective remedy from the manufacturer and dealer.

Repeated defects, no spare parts

Skaria claimed that he is a 66-year-old retired central paramilitary force officer. He purchased a Sansui LED television from the dealer in July 2017 for Rs 29,589. He alleged that at the time of purchase, he was assured that the television was of superior quality, offered excellent picture and sound quality, and would function efficiently for a long period.

However, shortly after the purchase, the television developed technical defects. After he lodged a complaint, the dealer took the television for repair in March 2018 and returned it after repairs. But the television developed issues again and became unserviceable in July 2019.

Skaria once again entrusted the television to the dealer for repair. According to him, the dealer provided an old-model television as a temporary replacement until the defective unit was repaired and returned. Despite repeated follow-ups, however, the television was neither repaired nor returned.

He was informed that the manufacturer had discontinued production of the model and that original spare parts were not available. Consequently, the television remained unserviceable. Skaria said he had obtained an extended warranty by paying additional charges at the time of purchase. The television became defective during the subsistence of the warranty period.

Later, he issued a notice in December 2019 demanding redressal of his grievance. Though a reply notice was sent, the man claimed that no effective relief was granted. Being a senior citizen living on pension and having purchased the television for his entertainment and information, he suffered considerable hardship, inconvenience and mental agony due to their conduct, he said.

‘No ground to deny relief’

The commission pointed out that the evidence placed on record established that the television became defective repeatedly and ultimately became unusable, and the dealer and manufacturer were unable to repair it due to non-availability of spare parts.

It held that the inability of the dealer to provide spare parts cannot be a ground to deny relief to the consumer. “The complainant purchased the product from the first opposite party (dealer). They had undertaken warranty-related services and had accepted the television for repairs on more than one occasion. Therefore, it cannot completely disown responsibility towards the consumer,” the commission added.

It directed the manufacturer and dealer of the Sansui LED TV jointly and severally to refund to the complainant the purchase price of Rs 29,589. They were also directed to pay Rs 10,000 as compensation for the mental agony, inconvenience and hardship suffered by the complainant. Besides, the forum held that the manufacturer and dealer should also pay Rs 5,000 towards the costs of the proceedings within 45 days.

Significance of ruling

This ruling underscores that manufacturers and dealers cannot escape their warranty obligations by claiming that a product has been discontinued or that spare parts are no longer available. If a product develops defects during the warranty period, consumers remain entitled to an effective remedy, including repair, replacement or refund.

Aggrieved consumers may contact the consumer helpline in their respective states (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.