TV made ‘horrifying sound’, cracked display, Kerala man wins Rs 25,000 consumer payout

‘Major defect’

According to the complainant, he had purchased a smart TV for Rs 22,249. He alleged that when he switched on the television after installation, it produced a “horrifying sound” and the display developed a crack. He said he immediately tried to return the television within about 15 minutes of noticing the defect, but his return request was rejected without any reason.

An expert subsequently inspected the television after notice was given to both sides. The complainant was present during the inspection. The expert found that the display was not functioning fully and detected an internal crack, which affected the working of the television.

One of the opposite parties argued that it was only a registered seller and that the product’s warranty was provided by the manufacturer. It denied any deficiency in service and said it had no role in replacement.

The commission held that the internal crack constituted a “major manufacturing defect”. It further 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.

It held that not complying despite promising warranty and replacement policy amounted to serious deficiency in service. It thus held the complainant entitled to a new TV and compensation.

The commission allowed the complaint in part and directed both opposite parties to jointly and severally provide a new television of the same configuration with warranty within 30 days of receiving the order. They were also directed to pay Rs 20,000 as compensation and Rs 5,000 towards litigation costs.

Takeaway

Sellers and online platforms can be held liable for deficiency in service when a defective product is supplied and a consumer’s timely request for replacement or return is not properly addressed, particularly when expert evidence establishes a major defect.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline on 1915 for assistance.

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