Luxury watch ‘fails’ despite 3 repairs, Chandigarh man wins Rs 1.36 lakh

“When an expensive watch repeatedly fails, it causes great disappointment and distress to the purchaser, as in the present case. Since the watch was sent for repair thrice but remained defective, it can reasonably be presumed that the watch is irreparable and suffers from an inherent defect. Accordingly, it is safe to hold that the watch is not repairable, and the (company and retailer) are liable to refund the invoice price to the complainant,” the July 1 order read.

Luxury purchase turns unusable

The 28-year-old complainant claimed that he purchased a luxury Oris Big Crown watch from the authorised reseller at Elante Mall, Chandigarh, on December 30, 2023, for Rs 1.26 lakh, after being impressed by the goodwill of the Oris brand. He said it came with a two-year warranty covering defect-free functioning and repair services. However, the watch abruptly stopped functioning and was sent for repair in June 2024.

Despite assurances, the defect recurred, leading to a second repair submission in September 2024. Within two months, it allegedly failed again. The complainant claimed he was told the watch had a manufacturing defect and was asked to submit it for repair a third time, but even after the third time, the watch remained non-functional, reducing a luxury purchase to scrap.

When the complainant sought accountability, the authorised seller failed to provide any definite reply or compensatory service. Aggrieved by the conduct of the watch company, the man approached the commission. He was represented by advocate Somya Goyal.

‘Not liable for manufacturing defect’

The authorised seller, represented by advocate Harit Narang, admitted that the watch was sold on December 30, 2023, and argued that all post-sale formalities were carried out in accordance with the manufacturer’s international warranty policy.

Being an authorised retailer of premium watches, they claimed to have acted in good faith in facilitating the sale and warranty service of the product, without manufacturing or modifying it, and said that they cannot be held liable for any latent manufacturing defect which is the manufacturer’s responsibility.

The commission noted that the complainant had purchased a luxury watch but was unable to enjoy its use due to the repeated defects that cropped up during its warranty period. It observed that although the retailer and the manufacturer attempted to repair it several times, the issue could not be corrected.

It noted that Oris Watches India Pvt Ltd was proceeded against unilaterally after it failed to appear for the proceedings. Accordingly, the commission directed the company and retailer to jointly and severally refund Rs 1.26 lakh, along with 9 per cent simple interest from the date of payment until realisation. It also directed them to pay a consolidated amount of Rs 10,000 towards compensation for mental agony, harassment and litigation costs.

The commission further directed the complainant to return the watch, if he had not already done so, with the company and seller being required to collect it at their own risk and cost.

Significance of ruling

This ruling highlights that consumers purchasing premium or luxury products are entitled to expect reliable performance and effective after-sales service.

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.