Repeated chimney repairs cause ‘domestic inconvenience’, consumer awarded Rs 23,000

The ruling serves as a reminder that manufacturers and dealers remain accountable when products repeatedly fail during the warranty period and consumers are left chasing repairs. (AI-generated image)

“A kitchen chimney is an essential utility appliance. Leaving a consumer to follow up indefinitely for over a year causes persistent domestic inconvenience and mental trauma,” the commission said on June 2 holding the dealer and manufacturer jointly liable for deficiency in service.

Service records strengthened consumer’s case

• A significant factor in the commission’s decision was the record of messages exchanged with the manufacturer.
• After examining the communications, the commission found that complaints had indeed been registered but were prematurely closed without providing a permanent solution.
• The text communications from the manufacturer clearly demonstrate that complaints were duly registered but “closed prematurely on the system interface” without granting “permanent physical relief” to the consumer, the order noted.
• The commission also observed that the chimney had started malfunctioning well within the warranty period and that repeated repair attempts failed to resolve the issue.
• Allowing the complaint, the commission directed the opposite parties to jointly and severally refund Rs 13,000 to the complainant, along with interest at the rate of 9 per cent per annum from the date of filing of the complaint until payment.
• In addition, the forum awarded Rs 5,000 as compensation for the inconvenience and mental harassment suffered by the consumer and Rs 5,000 towards litigation expenses.

Chimney malfunctioned within months

According to the complaint, Vinod Kumar purchased a Sunflame CH ARIA 60 kitchen chimney on July 26, 2022, from Bharat Enterprise for Rs 13,000 for use in his household kitchen.

At the time of the sale, the dealer assured him that the appliance was of high quality and came with a five-year warranty on the motor and a one-year warranty on other functional parts.

The chimney reportedly worked satisfactorily for around seven to eight months before developing technical problems. It would stop functioning abruptly and restart automatically.

By April 2023, the appliance had completely stopped working.

Complaint, repair, more issues

• The consumer lodged his first complaint with the manufacturer on April 17, 2023.
• A technician visited his residence about a month later and temporarily restored the chimney’s functioning.
• However, the relief proved short-lived. Within two months, the same defect resurfaced and the chimney again became non-functional.
• The complaint stated that on August 7, 2023, a technician from Sagar Enterprises inspected the chimney and diagnosed a major defect in the control panel.
• The technician informed the consumer that the panel would have to be replaced and promised to return with the spare part.
• Despite marking the service ticket as closed, the technician never returned to carry out the replacement. Repeated follow-ups by the consumer allegedly failed to produce any result.

Companies chose not to contest case

The commission noted that notices were duly served on both the dealer and the manufacturer. Despite receiving notice, neither company appeared before the forum to contest the allegations.

As a result, the proceedings continued ex parte and the evidence submitted by the complainant remained unchallenged. “There is no reason to disbelieve the cogent and convincing evidence adduced by the complainant,” the bench noted.

Reminder on consumer rights

The ruling serves as a reminder that manufacturers and dealers remain accountable when products repeatedly fail during the warranty period and consumers are left chasing repairs without resolution.

The commission made it clear that merely registering complaints or closing service tickets on a system cannot absolve companies of their responsibility to provide effective after-sales service.

For consumers facing similar warranty disputes, the order underscores that consumer commissions can intervene when repeated service failures turn a routine purchase into a years-long ordeal.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Himachal Pradesh contact: 1800-180-8087) or dial the National Consumer Helpline at 1915 for assistance.