Onus lies on customer to prove defect in goods: Consumer panel

Tribune news service

Chandigarh, September 26

In a significant judgment, the Consumer Commission, Chandigarh, has made it clear that the onus to prove defect in goods lies with consumer.

The Commission rejected an appeal of a city-based resident who sought refund by claiming that the company had sold him defective refrigerator. He, however, failed to prove the defect in the product during the hearing.

Dinesh Kumar Gupta had filed the complaint against Ahuja Electronics, Sector 22 C, Chandigarh and M/s LG Electronics India Pvt Ltd. He sought the refund of Rs38,500 (cost of refrigerator) along with interest; compensation of Rs4,00,000 and cost of litigation alleging defects in the refrigerator.

He said the refrigerator started giving problems soon after he purchased it in 2017 and despite numerous complaints to the seller and manufacture, nothing was done.

The service engineer claimed that there were no defects and that the refrigerator’s mode was not properly adjusted by the consumer.

The opposite parties contested the complaint and claimed that their requests for getting the refrigerator checked by engineers of the other companies were rejected by the complainant.

After hearing both the parties, the Court said, “The onus to prove defect in the goods so purchased by him/her lies on a complainant. However, he has miserably failed to discharge the said onus. Accordingly, the consumer complaint, being merit less, is hereby dismissed” said the order.