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Sushil Kumar Bhatia (Advocate)     21 October 2008

defective part replacement or replacement of new product.

A product sold by company warranty against defect or deficiency in product .the consumer reported defect in product component replaced second time the product had stopped to work due to negligence of consumer as its motor burnt due to leakage of liquid in electrical parts of the product  consumer threatend the company to replace new product Is the suit is deserve to be maintained or company is liable to replace new product ?


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 5 Replies

Sankaranarayanan (Advocate)     21 October 2008

if it was happend purely bcz of electrical fluctuation then no way to sue against the manfufatures. but if  they have evidence to prove  that  which materials  poor quality then  they can

Kiran Kumar (Lawyer)     21 October 2008

well in my opinion if the damage is attributed to the misuse of product by the consumer then the company is not liable.


pls notice that every product is sold with standing instructions of use.  if those were violated then no liability of the company.


but the things will ve to be proved.

Sushil Kumar Bhatia (Advocate)     21 October 2008

Thanx for ans.what about the warranty of one year a consumer can file suit after lapse of the warranty period.when he has not reported and deficiency within such period

Sankaranarayanan (Advocate)     22 October 2008

even after the lapse of warrant but subject to , the foult been arosed in the warrant period and u given complaint on it  and if such any reply or repaired, then the proof of burden , then u can .

prof s c pratihar (medical practitioner &legal studies)     21 October 2008

warranty is 365 days from the date if sale and not from the date of manufacture is a general rule but there may be deviation according to rules agreed by you--just added.


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