Consumer Complaint Not Maintainable If Defective Product Disposed Before Inspection: Delhi State Commission

The Delhi State Consumer Disputes Redressal Commission, comprising Justice Sangita Dhingra Sehgal (President) and Bimla Kumari (Member), dismissed an appeal filed against Samsung India Electronics Pvt. Ltd., holding that once the complainant had disposed of the allegedly defective refrigerator, the product was no longer available for inspection and the alleged defect could not be verified. The Commission upheld the order of the District Consumer Disputes Redressal Commission, observing that adjudication of a defect claim is not possible when the product itself is unavailable for inspection, and consequently dismissed the appeal. Brief Facts The complainant, Subhash Chandra Gupta, purchased a Samsung refrigerator on 27 April 2019 for ₹30,700. After functioning properly for a considerable period, the refrigerator allegedly developed cracks on 3 October 2023, following which the complainant lodged a complaint with the company. A technician inspected the appliance and informed him that the cracks were beyond repair and that the manufacturer would compensate him by paying the depreciated value of the product. In the first week of November 2023, a company official visited the complainant's residence with a demand draft of ₹9,000 but sought to inspect the defective refrigerator before handing it over. The complainant informed the official that he had already purchased a new refrigerator and disposed of the defective one, due to which the respondent declined to release the amount. The complainant thereafter filed a consumer complaint alleging deficiency in service, which was dismissed by the District Consumer Disputes Redressal Commission on the ground that the refrigerator was not available for inspection. Aggrieved, the complainant filed an appeal before the Delhi State Consumer Disputes Redressal Commission. Contentions Samsung India Electronics Pvt. Ltd. argued that the complainant had disposed of the refrigerator before filing the complaint, making it impossible to inspect the alleged defect. It was contended that the complaint was rightly dismissed as not maintainable. Observations & Decision The Commission observed that the complainant had admittedly disposed of the refrigerator before the final inspection and prior to filing the complaint. It noted that in cases where a defect in a product is alleged, the availability of the product is crucial to enable verification of the alleged defect and to provide the manufacturer an opportunity to inspect it. Since the refrigerator was not available for inspection and could not be traced, the verification of the alleged defect had become impossible. In such circumstances, the complaint could not be adjudicated on merits. Finding no infirmity in the impugned order, the Commission upheld the decision of the District Commission and dismissed the appeal, with no order as to costs. Case Title; Mr. Subhash Chandra Gupta vs. Samsung India Electronics Pvt. Ltd. Case No; FA-238/2024 Click Here To Read/Download Order

Consumer Complaint Not Maintainable If Defective Product Disposed Before Inspection: Delhi State Commission

Praveen Mishra

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