Retailers cannot shirk their liability for selling defective products,a consumer forum here has held while directing mobile store chain Hotspots Retails Ltd to pay Rs 23,000 to a customer for selling him a faulty cellular phone.
“The buyer does not have any contract with manufacturing company. He buys the things from the retailers. If the retailers sell a product which is not in conformity with the warranty given by the manufacturer then the retailer is equally liable for sale of defective product,” the district consumer forum presided by N A Zaidi said.
The East Delhi District Consumer Disputes Redressal Forum rejected the retailer ‘s contention that the manufacturer is responsible for the defect of a product and not the seller.
The forum’s order came on a plea by Delhi resident Parveen Kumar Aggarwal,who had alleged the Sony Ericsson mobile and charger that he had bought for Rs 12,600 were defective and he had to pay an additional Rs 450 for a new charger,despite it being in the warranty period.
Aggarwal said despite sending it for repairs to an authorised service centre for Sony Ericsson phone,the defects were not rectified and the mobile was returned in a bad state.
The forum held that the retailer and the service centre were guilty of deficient service and unfair trade practice,for selling a defective mobile and failing to repair it.
“In the present case the charger was corrupted within a month. The phone stopped working within four months. Although the warranty was for a year. This shows the product was not as per specifications offered by the manufacturing company.
“This product was accepted for repair by the opposite party-2 (service centre) and it could not be returned after rectification of the defect for months. This amounts to unfair trade practice and deficient service,” the forum said.
It directed them to refund Rs 12,600 as the cost of the mobile,Rs 450 as the cost of new charger along with Rs 10,000 as compensation for harassment suffered by Aggarwal.