New Delhi, Jan 28 The Delhi State Consumer Disputes Redressal Commission has set aside an order holding Godrej and Boyce Manufacturing Co Ltd guilty of deficiency in service, observing that allegations of a manufacturing defect in an air-conditioner were not supported by any expert evidence.
Allowing the company's appeal challenging a district consumer forum order, the Commission said it is a settled position of law that a manufacturing defect must be proved through expert opinion and cannot be presumed merely because a product develops a fault during use.
“It is an established position of law that manufacturing defects have to be proved by way of expert evidence. However, the respondent has not placed on record any expert opinion to show that the AC unit suffered an inherent manufacturing defect,” the commission said in its judgment dated January 13.
“Every defect, on the face of it, cannot be termed a manufacturing defect until proven to the contrary by concrete evidence,” the commission said.
The bench comprising Justice Sangita Dhingra Sehgal, president of the commission, and Bimla Kumari, a member, noted that the air-conditioner was purchased in 2019, while the first complaint was raised only in March 2022, nearly two-and-a-half years later.
Noting that service technicians had attended multiple complaints and carried out repairs, including the replacement of parts, the bench held that a service provider cannot be faulted when it responds to repair requests as and when raised.
“It is further pertinent to mention that any electronic product may suffer a defect; however, every defect cannot be termed as a manufacturing defect."
“What is to be gleaned is that an electronic article may suffer a defect, and in such circumstances, the liability of the seller/manufacturer/service provider is limited to the extent of repairing the product."
“To establish deficiency of service, the manufacturer or seller must act repugnant to the interest of the consumer, viz., not acceding to the request for repair,” the commission said.
"On the other hand, if the service provider readily shows up for repairing the product as and when demanded by the consumer, no deficiency can be attributed to the conduct of the service provider,” it added.
Accordingly, the commission allowed the appeal and set aside a district consumer forum order dated June 8, 2023, directing a refund, compensation and costs.
M/s Godrej & Boyce Mfg. Co. Ltd v. Sahil Gupta, (DSCDRC) : Law Finder Doc Id # 2844923
