Guaranty/warranty on replacement of whole new machine
Ashok Kuvadia
(Querist) 04 May 2014
This query is : Resolved
Whether company is liable to and is it mandatory to give one full year fresh guaranty/warranty behind replacement of whole new unit of Air-conditioner?
Dear Experts,
(01) I am staying in Mumbai. From the date of installation of my newly purchased air-conditioner it was giving trouble and not performing to optimum.
(02) On my every complaint about non-performance; the mechanic used to come, they do some trial and error method and instruct us to run A/C for more period. Likewise they passed about 10-11 months.
(03) At last, after about 11 months from the date of purchase, I made complaint in detailed to the head office of A/C company.
(04) The A/C company admitted by its letter to give me replacement of WHOLE NEW UNIT OF A/C against the faulty one which they supplied me firstly.
(05) But while fitting the NEW UNIT of A/C as replacement, I came to understand that they are going to give me further guaranty/warranty of two months only and not for the one full year fresh guaranty/warranty. And therefore I sent them back without getting fitted new unit of A/C. Because I believe, I ought to get the fresh guaranty/warranty of one full year as it is a replacement of WHOLE NEW UNIT and not a repairing and replacement of any part of old unit.
(06) The terms and conditions mentioned in their certificate of warranty is that-- “In the event of repairs or replacement of any part, during the said warranty period, the warranty shall thereafter continue only for the unexpired period of the original warranty. The defective part shall become the property of company”.
N.B.: It is important to note that here the condition mentioned is for repairing or replacement of any part from the existing A/C. But they are not mentioning anything about what is to be done in the event of replacement of WHOLE NEW UNIT.
(07) In my humble opinion, since the company is giving me the replacement of WHOLE NEW UNIT of A/C, it ought to consider as newly purchased and I am entitle for & liable to get the fresh guaranty/warranty of one year. Further, why should I be the sufferer and victim of substandard and faulty quality of A/C they supplied earlier?
My Query:
(a) Am I entitle for and liable to get the fresh guaranty/warranty of one year since the company is giving me the replacement of WHOLE NEW UNIT of A/C and it is not a part replacement, therefore it ought to consider as good as new purchase?
(b) Since there is no mention in certificate of warranty about what is to be done in the event of replacement of WHOLE NEW UNIT, can the replacement which I will get of WHOLE NEW UNIT be treated and considered as good as purchase of new unit?
(c) If the conditions compel me, for my right, to approach appropriate forum of law, what that Court is? Where should I lodge a case?
(d) Which law is applicable to such kind of disputes?
Thanking all experts in anticipation.
Sincerely,
Ashok Kuvadia.
(098691 02755)
Kumar Doab
(Expert) 04 May 2014
You should strive for fresh warranty.
Try to obtain help of various consumer help groups as well e.g;
http://www.mouthshut.com/
complaint@network18online.com
pehredar@moneycontrol.com
pehredar@network18online.com
http://www.facebook.com/Pehredar
www.bighelpers.org
http://ashisha.com/consumer/
www.grahakseva.com/
http://www.akosha.com/contact.html
Or
Approach DCDRF preferably thru a lawyer handling consumer cases.
The officials of the company may be bound by internal policies of the company and may not concur, until there is an order from competent forum like DCDRF.
You may try by representing to MD of the company.
