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The Hindu
The Hindu
National
The Hindu Bureau

Companies duty-bound to offer spares even after stoppage of production: consumer panel

“Companies are duty-bound to make available spare parts to customers even after they have stopped production,” the Ernakulam District Consumer Disputes Redressal Commission has said.

While upholding the ‘right to repair’ of each customer, it directed Samsung India Electronics to pay ₹96,000 to a consumer. This follows a case filed before the Commission by Cdr (retd.) Keerthi M. Kurian, who had retired from the Indian Navy. He had purchased a double-door refrigerator manufactured by the firm at ₹72,000 in 2016. It encountered a problem with its cooling capacity from 2021 onwards. The problem persisted despite repairs done by the firm’s technicians. Subsequently, Samsung offered to replace the refrigerator with a 15% discount.

Mr. Keerthi approached the consumer panel, citing deficiency in service. The firm contended that the one-year warranty period was over, and that the cooling problem occurred due to careless handling by the customer. An expert appointed by the court found that its spare parts were not available.

The Commission Bench comprising its President D.B. Binu and members Vaikom Ramachandran and T.N. Sreevidya ruled that the customer paid huge amounts to purchase such equipment so that they lasted well beyond the warranty period. Moreover, non-availability of spare parts contravened the right to repair of each customer, while the firm suggested purchase of an alternative fridge at higher cost. This amounts to an unfair practice and would also lead to accumulation of massive volume of electronic waste.

In this circumstance, Samsung must pay ₹36,000 to the consumer towards depreciation during the five-year period. This would be in addition to ₹60,000 by way of compensation and court expense and also interest at the rate of 9%, the Bench said.

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