Failure To Repair/Replace Washing Machine With Manufacturing Defects, Howrah District Commission Holds Whirlpool Liable

The District Consumer Disputes Redressal Commission, Howrah (West Bengal) bench of Debasish Bandyopadhyay (President) and Dhiraj Kumar Dey (Member) held Whirlpool liable for deficiency in services for failure to repair or replace a washing machine with manufacturing defects exhibited within the warranty period. Brief Facts: The Complainant purchased a Whirlpool washing machine from Raipur Electronics Pvt. Ltd. (“Seller”) for ₹ 30,600/- financed through HDFC Bank. After two months of use, the washing machine stopped working which prompted the Complainant to contact the Whirlpool helpline. A technician from Whirlpool repaired the machine and issued a job sheet. However, the machine ceased functioning again, necessitating another repair and job sheet on 12/05/2018. The machine continued to malfunction repeatedly, with repairs conducted in three instances. In a few months, a new problem emerged when water began leaking from the machine during use which caused electric shocks to the Complainant. A technician informed the Complainant that parts needed replacement. Despite lodging a complaint with the National Consumer Helpline and continuously communicating with Whirlpool, the Complainant's demands for a replacement were not met. The communication was closed by Whirlpool without resolving the issue. The machine was under a two-year warranty until February 2020, but Whirlpool neither repaired it satisfactorily nor replaced it. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission, Howrah, West Bengal (“District Commission”) against Whirlpool and the Seller. Whirlpool and the Seller didn't appear before the District Commission for proceedings. Observations by the District Commission: Upon examining the five job sheets issued by Whirlpool through its service partners, the District Commission noted that the technicians attempted to repair the washing machine multiple times. The District Commission held that a purchaser expects a product to function without frequent repairs, particularly within the warranty period, and should not endure repeated malfunctions. Further, the consumers purchasing new goods expect them to function without significant issues, especially within the warranty period. Frequent repairs cause loss of time, and business, physical discomfort, and emotional distress. When a product repeatedly fails and requires multiple repairs, it indicates a manufacturing defect. The District Commission held that the burden then shifts to the manufacturer to prove the absence of such defects. The District Commission noted that the Complainant faced recurrent issues, and a new problem of water leakage emerged which demonstrated the machine's inherent defects. It held that Whirlpool's failure to satisfactorily repair the machine or replace it reflected negligence and a deficiency in service on its part. It held that Whirlpool also did not take any feedback from the Complainant on the job sheets or assure him of the machine's smooth functioning. The Seller was also held jointly liable for deficiency in providing after-sales service. Consequently, the District Commission directed Whirlpool to either replace the defective washing machine with a new one of the same model or of equivalent value, or refund ₹ 30,600/- with interest at 6% per annum to the Complainant. Whirlpool was also directed to pay ₹ 10,000/- as compensation to the Complainant. The District Commission further directed Whirlpool to pay ₹ 5,000/- and the Seller to pay ₹1,000/- for litigation costs incurred by the Complainant. Case Title: Pintu Sadhukhan vs Whirlpool of India Ltd. Case Number: CC/355/2019 Date of Judgement: 6th June 2024Click Here To Read/Download Order

Failure To Repair/Replace Washing Machine With Manufacturing Defects, Howrah District Commission Holds Whirlpool Liable

Smita Singh

Tags