Get charged up

Pushpa Girimaji

Last summer I bought a ceiling fan. For some reason, the electronic regulator always made a lot of noise and the fan’s air delivery was not right. And then suddenly last week, it just stopped working. When I complained, the retailer said this particular model had a problem so it would be better for me to buy a new fan, on which he would give me a 20 per cent discount. Is this a fair deal? I somehow feel cheated.

It’s amazing how manufacturers and retailers in India try to convert every situation to their advantage. Usually, ceiling fans are quite robust and have a warranty of several years. In this case, if the model is defective, he should apologise for the inconvenience caused to you on account of it and offer you a better quality, more expensive fan as a free replacement. That would be a fair deal. Instead, he is asking you to pay for the new model and very magnanimously offering a 20 per cent discount, as if he is doing you a great favour! Remember, you have a right to a free replacement and also compensation.

Last year I bought an expensive ‘side-by-side door ‘refrigerator. After just a few days it stopped working and they replaced the compressor. However, in the last one year, the refrigerator has undergone several repairs and still continues to give trouble. When I asked them to give me a replacement, they said that particular model has been discontinued and I will have to buy a different model, for which I need to pay the price difference. What are my options here?

From what you say, it is obvious that the product suffered from manufacturing defects. Or else, it would not continue to malfunction despite several repairs and replacement of parts. It also seems like the company discontinued that particular model because of inherent defects. The company should have been honest with you and replaced the defective one with a defect-free model. In fact, if the model was defective, it should have recalled it from the market and given all the customers an option of a free replacement (a different model) or a refund. Even now, it is only fair that you get a new model free of cost.

First and foremost, I would suggest that you collect some crucial information pertaining to the defective model. Google search the model and I am sure you will come across other consumer complaints pertaining to it. Put together this information — it will help you establish the fact that the model was indeed defective. Armed with this information, write to the company asking for a replacement, free of cost, and without any delay. In fact, they must give you a larger refrigerator or a more expensive model, to compensate you for all your troubles.

If they fail to act, you will have to file a complaint before the District Consumer Disputes Redressal Forum, seeking a free replacement and compensation for the harassment caused to you, besides costs of litigation. The information pertaining to other consumer complaints will be useful to establish the fact that the product had inherent manufacturing defects and despite knowing it, the company continued to repair it, instead of giving you a replacement. Such behaviour will also call for punitive damages. (Under Section 14 (d) of the Consumer Protection Act, the consumer courts can also award punitive damages in such circumstances as it deems fit) You could also get in touch with these other consumers and all of you can file a class action suit.

Meanwhile, keep all papers pertaining to the repeated servicing of the refrigerator safe. Also keep product brochures pertaining to the product — particularly their claims about its quality. I would also suggest that you talk to some experts and get their opinion in writing on the quality of this product. This would also come in very handy in your case against the manufacturer and the service centre.