Deficiency in Service
Subject : Civil Law - Consumer Protection
Description :
In a significant ruling for consumer rights, the District Consumer Disputes Redressal Commission (East) Delhi has held Fujitsu General India Pvt Ltd liable for "deficiency in service." The Commission mandated the multinational electronics giant to refund the full purchase price of a premium 3-ton air conditioner, citing the company’s failure to address inherent defects and its unprofessional repair attempts.
The complainant, Vaibhav Singh Bhadana, purchased a 3-ton split air conditioner in February 2025 for Rs 1,14,000. What followed was a series of operational failures. Upon finally utilizing the unit in May, the cooling performance was found to be inadequate.
Despite the complainant making numerous calls to the company's helpline—records show 11 calls in a single day—the service team failed to resolve the issue. Adding insult to injury, the technician sent by the company allegedly handled the equipment unprofessionally, causing physical damage to the indoor unit and leaving grease stains, before ultimately declaring the system low on gas without providing a permanent fix.
The Commission, presided over by Sh. S.S. Malhotra and Member Sh. Ravi Kumar, observed that the company’s decision to remain absent from the proceedings meant the complainant's claims went entirely unrebutted.
While the Commission noted that some expert testimony provided by the complainant relied on hearsay, it determined that the logs of repeated service requests served as sufficient evidence of a systemic failure. The court held that the high frequency of calls between May 11 and May 21, 2025, served as objective proof that the device was fundamentally defective and that the company’s after-sales service failed to meet basic industry standards.
The Commission’s judgment highlights the weight of evidence in consumer disputes, noting:
> "The number of calls made by Complainant from 11.05.2025 to 21.05.2025 exhaustively prove that the AC of the Complainant was not working and it was a product having certain inherent defect which could not be resolved by the technician of OP."
Reflecting on the impact of the failed service, the court further observed:
> "The Complainant has been able to prove that there was deficiency in service on the part of OP by selling a defective product which was not initially installed on the conventional wall and when it was installed on a separately manufactured stand however AC was not giving proper cooling."
In its final order, the Commission ruled that:
1. Refund: The company must refund the full cost of the AC (Rs 1,14,000) with 7% interest from the date the complaint was filed.
2. Compensation: A sum of Rs 25,000 was awarded for mental agony and harassment, alongside Rs 10,000 for litigation costs.
3. Simultaneous Exchange: The complainant is required to return the defective AC unit to the company simultaneously as the refund is processed.
Notably, the Commission declined to reimburse the cost of the custom-made stand used for the installation, ruling that this was outside the technical scope of the manufacturer's liability. The company has been ordered to comply within 30 days to avoid a penalty interest rate hike to 9% per annum.
This judgment serves as a cautionary tale for manufacturers: persistent product failure coupled with poor customer support is a clear violation of consumer protection standards that local commissions are prepared to punish firmly.
defective product - deficiency in service - cooling failure - unprofessional repair - consumer rights - inherent defect
#ConsumerRights #DeficiencyInService
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