Philips India and Bismi Appliances Held Liable by Ernakulam Consumer Forum for Denial of Extended LED TV Warranty
Pranav B Prem
The District Consumer Disputes Redressal Commission, Ernakulam, comprising D.B. Binu (President), V. Ramachandran (Member), and Sreevidhia T.N. (Member), has held Philips India and Bismi Appliances liable for deficiency in service and unfair trade practice for refusing warranty service to a consumer who had purchased a Philips LED television with an extended warranty.
Background
In 2015, the complainant, Sunitha Binukumar, a housewife from Kochi, purchased a Philips LED TV (Model 39PFL3539) from Bismi Appliances for ₹27,000. Along with the purchase, she also availed of a “Bismi Care” extended warranty for ₹2,690, which promised an additional two years of coverage after the expiry of the manufacturer’s three-year warranty—taking the total coverage period to five years.
In May 2018, just after the manufacturer’s warranty expired and during the subsistence of the extended warranty, the television developed a sound defect. When the complainant approached the dealer and the authorised service centre, instead of offering free repair under warranty, she was asked to pay ₹2,200 for repairs, and her complaint was wrongly categorised as a “paid service.” Despite repeated requests, the dealer refused to honour the extended warranty.
Aggrieved, the complainant approached the Commission, seeking enforcement of the extended warranty and free repair of the product, or alternatively, compensation of ₹25,000 for mental agony and litigation expenses.
Findings of the Commission
The Commission first noted that the authorised service centre (arrayed as OP-3) was not directly authorised to repair Philips televisions and had no contractual relationship with the complainant. Therefore, it could not be held liable.
However, Bismi Appliances (OP-1) and Philips India (OP-2), despite being served with notice, failed to file their versions before the Commission. This, the Commission held, amounted to an admission of the allegations. Their conduct was found to be deliberate and arbitrary, reflecting an unfair denial of the complainant’s rightful warranty service.
The Commission held that refusing to provide free repairs under the extended warranty amounted to a breach of contractual obligations and was squarely a case of deficiency in service as well as an unfair trade practice. It emphasised that the extended warranty assured identical coverage to that provided by the manufacturer’s warranty, and denial of service during this period could not be justified.
Relief Granted
Accordingly, the Commission directed Philips India and Bismi Appliances to:
- Repair the complainant’s TV free of cost.
- If repair was not possible, refund 50% of the purchase price (₹13,500) after accounting for depreciation at the time the defect arose.
- Pay ₹15,000 as compensation for mental agony, harassment, and hardship caused to the complainant.
- Pay ₹5,000 as litigation costs.
Cause Title: Sunitha Binukumar Versus M/s Bismi Appliances & others
Case No: CC. No. 300 of 2018
Coram: D.B. Binu (President), V. Ramachandran (Member), Sreevidhia T.N. (Member)
