A Kerala consumer commission recently held Voltas liable for deficiency of service for selling a defective air conditioner that allegedly broke down multiple times despite repairs and compressor replacements during the warranty period. Holding that the manufacturer could not charge a consumer for replacing a compressor covered under a five-year warranty, President C T Sabu, along with members Ram Mohan R and Sreeja S, directed Voltas to refund Rs 25,499, reimburse Rs 11,200 spent on stabilisers and repair charges, and pay Rs 25,000 as compensation.“The commission is of the view that repeated failure of the product, repeated replacement of compressors and continued non-functioning of the air conditioner constitute clear evidence of manufacturing defect and deficiency in service,” the June 29 order read. The commission further clarified that where the defect relates to a manufacturing defect and the manufacturer’s warranty obligations, the primary liability rests upon the manufacturer. It absolved the dealer after finding no evidence of any independent negligence or deficiency in service on its part apart from selling the product.“Accordingly, we hold that the manufacturing defect and consequential deficiency in service are attributable principally to the second opposite party manufacturer (Voltas Ltd),” the commission added. Defective AC, years of chaosRaveendran claimed that he purchased a Voltas air conditioner in March 2013, manufactured by Voltas Ltd, from a dealer for an amount of Rs 25,499 and paid a total amount of Rs 33,450 inclusive of taxes.At the time of purchase, he alleged that Voltas and the dealer represented that the product carried a one-year warranty on all parts and a five-year warranty on the compressor. According to the complainant, the air conditioner developed defects within a short period of purchase and stopped functioning.Story continues below this adAfter he lodged a complaint, technicians from the authorised service centre of Voltas allegedly inspected the unit and advised him to purchase a stabiliser. Consequently, he purchased a stabiliser for Rs 1,600. However, the air conditioner again failed to function.Thereafter, in June 2104, the service personnel of Voltas Ltd replaced the compressor, refilled gas and changed the split valve and allegedly collected an amount of Rs 3,450 from the complainant. Even after such repairs, the air conditioner allegedly continued to malfunction. Also Read | New mobile phone suffers camera issues, overheating, buyer wins Rs 1.27 lakh payoutSubsequently, the complainant was again directed to purchase another stabiliser, and accordingly he purchased a new stabiliser and later on May 5, 2016, the service personnel allegedly once again replaced the compressor, refilled gas and changed the valve and collected another amount of Rs 3,450. The complainant further argued that despite repeated repairs and replacement of compressors, the air conditioner never functioned satisfactorily. According to him, the manufacturer and dealer collected charges for replacement of the compressor despite the compressor being covered by a five-year warranty. Story continues below this adAggrieved by the same, he moved the commission seeking refund of the price of the air conditioner and other compensations. The man was represented by advocate Bijoy K B in this matter. ‘Manufacturer liable, not dealer’The commission noted that despite entering appearance, Voltas Ltd failed to file a version and failed to produce any evidence explaining the repeated failures of the air conditioner. It held that the conduct of the authorised service personnel in repeatedly replacing compressors and advising purchase of stabilisers itself supports the man’s allegation that the product suffered from persistent defects. The commission dismissed the complaint against the dealer, pointing out that no independent deficiency in service was established against the dealer. However, it directed Voltas Limited to refund to the complainant the purchase price of the air conditioner, Rs 25,499. Story continues below this adThe commission also directed Voltas to pay Rs 11,200 against the cost of the two stabilisers, compressor replacement and allied service charges taken by the company. Voltas was also directed to pay Rs 15,000 as compensation for mental agony, inconvenience and hardship suffered by the complainant along with Rs 10,000 towards litigation costs. Significance of rulingThis ruling highlights that a manufacturer cannot avoid liability for a defective product or charge consumers for replacing components covered under warranty. Where a manufacturing defect is established, the manufacturer can be held liable for deficiency in service and directed to refund the purchase price, reimburse warranty-related expenses and compensate the consumer.Aggrieved consumers may contact the consumer helpline in their respective states (Kerala helpline: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.