New Delhi District Commission Holds Voltas Liable For Failure To Replace Malfunctioning Refrigerator Or Provide Refund

Brief Facts:

The Complainant purchased a Voltas brand deep freezer from M/s Bunty Music Centre (“Dealer”) for Rs. 20,000/-. This dealer was an authorized representative of Voltas. The Complainant reported that the deep freezer ceased functioning. Subsequently, the Complainant reported the issue to the Voltas service centre. Voltas dispatched a mechanic to examine the deep freezer. The mechanic identified that the compressor was malfunctioning, causing leakage of gas. Despite refilling the gas two to three times, the leakage persisted. The mechanic eventually replaced the compressor, but the gas leakage continued. These repeated attempts to refill the compressor gas without resolving the issue led to substantial monetary losses estimated between Rs. 40,000/- to Rs. 45,000/- due to the spoilage of perishable items such as milk, curd, butter, and buttermilk.

The Complainant emailed Voltas and highlighted that the gas leakage problem remained unresolved despite multiple refills. The Complainant also relayed the mechanic's assessment that the deep freezer's cabinet needed replacement because the gas leakage originated from the cabinet itself. The mechanic informed the Complainant that the required cabinet or outer cover spare parts were unavailable as Voltas ceased manufacturing these components.

Later, Voltas responded via email and suggested the Complainant to choose a different model, offering to adjust 50% of the old freezer's cost (Rs. 10,000/-) against the new purchase. The Complainant requested either a replacement of the deep freezer or proper rectification of the existing one. However, his request was not accepted Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission–X, New Delhi (“District Commission”) against Voltas. Voltas didn't appear before the District Commission for proceedings.

Observations by the District Commission:

The District Commission noted that an email from Voltas indicated that the technician had identified the source of the leakage as the cabinet of the deep freezer and recommended its replacement. However, Voltas informed the Complainant that it no longer manufactured the necessary cabinet parts. The District Commission found that under these circumstances, Voltas evaded its responsibilities by ignoring the complaint and failing to take any initiative to address it properly. It noted that neither a refund was provided nor was the faulty deep freezer replaced or adequately repaired. Therefore, the District Commission held Voltas liable for deficiency in services.

The District Commission noted that the Complainant spent Rs. 20,000/- on the deep freezer, which remained faulty for two years despite Voltas' efforts to change the compressor. This malfunction led to a financial loss estimated between Rs. 40,000/- and Rs. 45,000/-, as perishable items like milk, curd, butter, and buttermilk spoiled due to the freezer's non-functionality. However, the District Commission noted that the Complainant did not provide substantiating documents or details regarding the quantity of spoiled items to support the claimed monetary loss.

Consequently, the District Commission directed Voltas to pay Rs. 20,000/- to the Complainant along with an interest of 7% per annum for the loss of damaged items due to the non-functioning deep freezer. Additionally, the District Commission directed Voltas to pay a compensation of Rs. 15,000/- to the Complainant.

Case Title: Ravindra Kumar Singh Vs Voltas Ltd.

Case Number: CC/332/2022

Date of Order: June 7^th, 2024