BENGALURU: Holding that goods or machines purchased for commercial purposes have to be replaced or compensated if they are found to be defective during the warranty period as the purchaser becomes a consumer, the Consumer Commission directed three companies to refund the money and pay compensation to Hosmat Hospital for allegedly supplying a defective bone freezer a decade ago.
The Bangalore Urban Second Additional District Consumer Disputes Redressal Commission directed the firms -- Chilltech Engineers, Freezers India and Rattan Sale Corporation -- jointly to refund Rs 2.70 lakh with 10 per cent interest, pay Rs 50,000 compensation and Rs 10,000 litigation expenses to the hospital.
The Commission comprising president M Shobha, members B Devaraju and V Anuradha stated the firms and their technicians have not resolved the defects in spite of requests made by the complainant since 2011. The complainant has established the deficiency of service and also the unfair trade practice by the firms in selling the defective freezer, it added.
The firms contended that the freezer is good and maintained the temperature more than required as acknowledged by the hospital after installation on August 17, 2010. The service was given as required during the warranty period, but the complainant has not maintained the unit to keep the temperature as per parameters, they said.
The commission, however, said the company technicians accepted lack of maintenance of lower temperature after examining the freezer and also informed the complainant that the freezer could not be repaired. The freezer has not been working since August 7, 2012, and the firms not taken any steps to repair or refund.