• Consumer protection act

I purchased a Solar water heater in Oct 2009 which has got 5 yearsWarranty. The product was replaced in Feb 2010 under warranty due to faulty equipment. Now in Jan 2015, the Solar water heater is again faulty and after service technicians attend to repair, they claim the product is beyond repairs and Warranty expires. So they claim it cannot replaced or repaired under warranty and Only new system needs to be purchased.

Can i claim under Consumer Warranty Act?
Asked 1 year ago in Civil Law from Coimbatore, Tamil Nadu
1) if the warranty for solar heater has expired company is not liable to replace the solar water heater . 

2) read the terms and conditions of warranty

3) dont file any complaint before consumer protection act if warranty has expired 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. The warranty has expired in October 2014. So the company is right in claiming so.

2. Expiry of warranty does not mean that the company can refuse to repair the product. The company cannot, with the ulterior motive to increase its sales, refuse to repair the product.

3. Issue a lawyer's notice through your lawyer to the company for deficiency in service and also claim compensation.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Hi, your claim under consumer protection act not sustainable as the product has expired the warranty period.

2. The company has replaced the water  heater under warranty period so you can't claim again after expery of the period.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Guarantee for the product was given for a particular period,

2. It developed defect within the said guarantee period which was replaced,

3. Within 5 years thereafter, the product has again developed defect and the Company is saying that it has gone beyond repaid (must be for not having replaceable spares),

4. A company is required to keep spares for at least 10 yrears from the date of sale,

5. File a comsimer case before your local District Consumer alleging deficiency in service and unfair business practice claiming replacement of the said product with a new one since it was a defective product since begining, damage and cost,

6. I had similar problem with a reputed company producing  Micro Oven and had sent a legal letter myself,

7. Within 7 days a call had come from the Company's H.O. and the entire money I had paid to buy the product was returned by their local office within 10 days.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Read the terms and conditions of warranty. Now the company is not liable to replace the solar water heater. So at this stage your claim is not sustainable under Consumer protection act. 
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
1) invoice is of Oct 2009 . defective solar heater was replaced in February 2010 

2) if the replaced solar heater had defects the company would have replaced it within warranty period expiring in Oct 2014 

3)defect has occurred in januray 2015 after expiry of warranty period 

4) company is not bound to supply you new solar water heater . 

5) your claim is misconceived and not maintainable 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hi, as per the terms of the warranty the company has replaced the defective solar water heater in 2010 and you have purchased in the year 2009 so your warranty will start from the date of purchase not from the date of replacement.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
The warranty period starts from  Oct  2009 on wards.So it expired on Oct 2014.The defective water heater is replaced with in the time limit of warranty.. 
Ajay N S
Advocate, Ernakulam
1910 Answers
19 Consultations
5.0 on 5.0
A. As per the Warranty or Guarantee certificate you are eligilble to get service from the company. However, in the event of expiry of warranty you cannot claim the same.

B. As per the invoice, the warranty period would be attracted. Notwithstanding, if your goods were replaced in the year 2010, company warranty won't apply from the date of invoice replace of the goods. However, you can approach the Consumer Forum under deficiency in the service if the company fails to provide the proper service with respect to the same.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
1. No. The warranty starts from the date of purchase,

2. The guarantee period is over now,

3.They had replaced you the set within the guarantee period i.e. within 1 year of sale,

4. You should take up this point. The seller did not keep spare parts of its sold sets which they are supposed to keep for at least 10 years for which they had replaced your whole set,

5. Now you want to repair the set by paying money for the spares which the company is failing to provide and is asking you to buy a new set which is defficiency in service,

6. It is clear that they sold you the set which was obsolete and deleted from the production plan and no speres have been kept by the compan to service defects after the guarantee period,

7. It is to keep in mind that after guarantee period is over, the prodict sold shall have to be repaired by the seller since tye life span of a product is not for the guarantee period only,

8. Here you wanted to pay for the spares but are being forced illegally to buy the entire product,

9. Send a legal  notice and approach the local Consumer forum.  
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. The warranty began in Oct 2009 and expired in Oct 2014. 

2. You can issue a legal notice to the company to make it liable to repair the product.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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