Chandigarh District Forum directs Store to pay compensation for defective Product.
In this post we will discuss about a recent order of Chandigarh District consumer dispute Redressal forum in which it directed A-one mattress firm to pay up compensation for failing to change defective product and also with refund
Storeowner and mattress frim to pay up for defective product.
In this post we’ll read about the liabilities of product manufacturers and sellers for providing defective product
Chandigarh District consumer dispute Redressal forum directed A-one mattress firm to pay up compensation for failing to change defective product and also with refund.
Complainant surinder singh a resident of Sector 28 in Chandigarh brought a pair of sleep well mattress for rupees 23000.The warranty of the product was told to be five years by the retailer, however, at the time of purchase it was not explained that if, there would be any pro rata cut after any prescribed period. It has been alleged that a few months after the usage of the product, the complainant started facing problems with the product like spring poking out and creating noises. Complainant contacts the store and with the help of sales assistant lodged a complaint. Complainant received a mail with a voucher of rupees 18400 for the sleep well mattress to purchase a product of same brand from same retailer that to of a high price than the voucher amount. After hearing all the facts the consumer forum orders to pay a compensation of along with refund.
The Consumer Protection Act, 2019, An Act to provide for protection of the interests of consumers and for the said purpose, to establish authorities for timely and effective administration and settlement of consumers’ disputes and for matters connected therewith or incidental thereto.
Product liability action section 84, Liability of product manufacturer.
A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product. A product liability action may be brought by a complainant against a product manufacturer or a product service provider or a product seller, as the case may be, for any harm caused to him on account of a defective product. the product contains a manufacturing defect; or
(b) the product is defective in design; or
(c) there is a deviation from manufacturing specifications; or
(d) the product does not conform to the express warranty; or
(e) the product fails to contain adequate instructions of correct usage to prevent any harm or any warning regarding improper or incorrect usage.
(2) A product manufacturer shall be liable in a product liability action even if he proves that he was not negligent or fraudulent in making the express warranty of a product.
Section 86 of the act deals with liability of seller.
A product seller who is not a product manufacturer shall be liable in a product liability action, if–
(a) he has exercised substantial control over the designing, testing, manufacturing, packaging or labelling of a product that caused harm; or
(b) he has altered or modified the product and such alteration or modification was the substantial factor in causing the harm; or
(c) he has made an express warranty of a product independent of any express warranty made by a manufacturer and such product failed to conform to the express warranty made by the product seller which caused the harm; or
(d) the product has been sold by him and the identity of product manufacturer of such product is not known, or if known, the service of notice or process or warrant cannot be effected on him or he is not subject to the law which is in force in India or the order, if any, passed or to be passed cannot be enforced against him; or
(e) he failed to exercise reasonable care in assembling, inspecting or maintaining such product or he did not pass on the warnings or instructions of the product manufacturer regarding the dangers involved or proper usage of the product while selling such product and such failure was the proximate cause of the harm.
According to consumer protection Act 2019, section 84(d) if a product does not conform to the express warranty manufacturer is liable to pay compensation. Thus the Chandigarh District consumer redressal forum order compensation to be given by the mattress frim.
This post is written by Revathi Balakrishnan
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