DNA: Post-sale service warranty enforceable: January 19, 2009

 

Most goods bought by consumers come with warranties for post-sales service by the manufacturer. However, these service warranties are only on paper. One such consumer prosecuted the manufacturer in a consumer court. The matter went up to national consumer dispute redressal commission in Unnikrishnan and another vs V Muraleedharan.

 

Muraleedharan purchased four tubular batteries from Unnikrishnan for Rs22,600. The batteries were to be checked by the supplier every month, but no one came for two months. After repeated requests, a technician came, checked the batteries and added some acid with tap water to them.

When told that distilled water was used in batteries, he said that the acid would sterilise the water. The supplier continued to service the batteries erratically. Later, the batteries failed completely. The supplier refused to accept liability. Muraleedharan went to district consumer forum which appointed a commissioner who reported that three of the four batteries had gone weak.

The Forum passed an order directing the supplier to refund Rs22,600 with 12% interest from the date of purchase. The supplier went to the state commission in appeal which was dismissed.

The matter went in appeal to the national commission that held that it was rightly noted by the lower courts that the batteries had a service and warranty period of 24 months, but had failed within 12 months. The commission dismissed the revision petition, confirming the order to return the full amount with 12% interest, plus compensation of Rs 1,000 and costs of litigation as Rs 1,000.

URL: http://www.dnaindia.com/report.asp?newsid=1222681