Responsibility falls on the customer to prove defects in goods: Consumer panel

Consumer Panel Rules: Burden of Proof Lies on Customer in Defective Goods Cases

In a significant ruling, the Consumer Commission, Chandigarh, has clarified that the responsibility to prove defects in purchased goods rests with the consumer.

The Commission dismissed an appeal by a Chandigarh resident who sought a refund, alleging that the company had sold him a defective refrigerator. However, he failed to substantiate the defect during the hearing.

Dinesh Kumar Gupta had filed a complaint against Ahuja Electronics, Sector 22C, Chandigarh, and M/s LG Electronics India Pvt Ltd, seeking a refund of ₹38,500 (the cost of the refrigerator) along with interest, ₹4,00,000 as compensation, and litigation costs. He claimed the refrigerator developed issues soon after its purchase in 2017, and despite repeated complaints, no action was taken.

The respondents contested the allegations, stating that the complainant refused their requests to have engineers from other companies inspect the appliance. A service engineer further asserted that the refrigerator had no defects and that the issue arose from incorrect mode settings by the consumer.

After hearing both sides, the Court ruled, “The onus to prove defects in purchased goods lies with the complainant. However, he has failed to fulfill this requirement. Accordingly, the consumer complaint, lacking merit, is hereby dismissed.”

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