Mr. Rajesh Kumar, a resident of Bhopal, was thrilled when he purchased a brand-new “Aura Vision” LED TV for ₹38,000 from a popular electronics chain, “Digital World.” He enjoyed the television for about a year. However, just a month after the standard one-year warranty expired, prominent vertical lines appeared on the screen, making it unwatchable. Upon contacting the authorized service center, he was informed that the motherboard had failed and the repair would cost him ₹7,000. Mr. Kumar felt this was unfair, as a major component of an expensive device should not fail so quickly. He believed this was a manufacturing defect and that he shouldn’t have to bear the cost of repair or replacement.

Advice in such cases

If you find yourself in a situation similar to Mr. Kumar’s, you are not without recourse. The law provides protection to consumers against defective goods, even if the formal warranty period has just ended.

• Document Everything: Keep the original purchase bill, warranty card, and any communication with the seller or manufacturer. When the service center provides a diagnosis, ask for a written report or a job sheet detailing the issue and the estimated cost.
• Formal Communication: Send a formal email or a registered letter to both the retailer (Digital World) and the manufacturer (Aura Vision). Clearly state the problem, attach copies of your documents, and argue that such a premature failure of a core component points to a latent manufacturing defect. Request a free-of-cost repair or a replacement.
• Legal Notice: If the companies refuse to cooperate or provide a satisfactory resolution, the next step is to send a formal legal notice through an advocate. This often prompts companies to resolve the matter to avoid litigation.
• File a Consumer Complaint: If all else fails, you can file a complaint before the appropriate Consumer Disputes Redressal Commission. For a claim value like this, it would be the District Commission.

Applicable Sections of Law

It is crucial to understand that such matters are civil in nature and are governed by the Consumer Protection Act, 2019. Criminal laws like the Bharatiya Nyaya Sanhita (BNS) do not apply here as there is no criminal offense.

The key provisions under the Consumer Protection Act, 2019 include:

• Section 2(10): Defines a ‘defect’ as any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard which is required to be maintained by or under any law. A motherboard failing shortly after the warranty can be argued as a defect.
• Section 2(11): Defines ‘deficiency’ in service. If the company fails to provide a proper resolution, it can be termed a deficiency in service.
• Section 2(9): Outlines the ‘rights of consumers’, including the right to be protected against the marketing of goods which are hazardous to life and property and the right to seek redressal against unfair trade practices.
• Implied Warranty: Even if the express warranty has expired, Indian courts have often upheld the principle of ‘implied warranty’ or ‘implied condition as to quality or fitness’. This means a product is expected to have a reasonable lifespan, and a major component failing prematurely is a breach of this implied warranty.

If you are the complainant

As the complainant, you are the one initiating the legal action. You can file the complaint yourself without a lawyer. The process is designed to be consumer-friendly.

• Jurisdiction: For claims up to ₹50 lakh, the complaint is filed in the District Consumer Disputes Redressal Commission of the area where you live or where the seller’s office is located.
• Filing the Complaint: You can file the complaint physically at the Commission’s office or online through the E-Daakhil portal (edaakhil.nic.in).
• Complaint Details: Your complaint should clearly state the facts, the defect in the product, the relief you are seeking (refund, replacement, or compensation), and be supported by all necessary documents.

If you are the victim

As a victim of a defective product and what may be considered an unfair trade practice, your primary goal is to seek justice and fair compensation. The emotional and financial stress of having a new, expensive product fail is significant. The consumer court is your platform to hold the manufacturer and seller accountable. Remember to present your case clearly and logically, focusing on how the product did not deliver the quality and durability expected for the price paid.

How the police behave in such cases

The police have no role in consumer disputes. This is not a criminal case. If you approach a police station with a complaint about a defective product, they will rightly direct you to the Consumer Commission. Police intervention is only required if the issue involves criminal acts like cheating (with criminal intent from the outset), criminal breach of trust, or forgery, which is not the case in a standard defective product dispute.

FAQs people normally have

Do I need a lawyer to file a consumer case?
No, the Consumer Protection Act allows you to represent yourself. The process is simplified to empower the common consumer.

What if the warranty period is over?
You can still file a case. You can argue that the product suffered from a ‘latent manufacturing defect’ which was not apparent during the warranty period but existed from the time of manufacturing. The success of such a case depends on the nature of the defect and the product’s expected life.

How much does it cost to file a complaint?
The court fee is nominal. For claims up to ₹5 lakh, there is no fee. For claims between ₹5 lakh and ₹10 lakh, the fee is ₹200, and it increases slightly for higher value claims.

What evidence is required?

Strong evidence is key to winning your case. You should gather:

• The original invoice or bill of purchase.
• The warranty card for the product.
• The service center’s job sheet or a written report that details the defect and the repair estimate.
• Photographs or videos clearly showing the defect.
• Copies of all communication (emails, letters, legal notices) sent to and received from the seller and manufacturer.
• Any expert opinion, if you have managed to get one, supporting your claim of a manufacturing defect.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a speedy trial. Once you file the complaint, the Commission will issue a notice to the opposite party, who gets 30 days (extendable by 15 days) to file their reply. After pleadings are complete, both parties submit their evidence. The Act aims for disposal of the case within 3 to 5 months if no complex product testing is required. However, in practice, it can sometimes take longer depending on the caseload of the Commission.

Advocate Sudhir Rao, Supreme Court of India