New Hydra Facial machine ‘unusable’ due to defects, dental surgeon wins Rs 3 lakh payout

The South Delhi Consumer Disputes Redressal Commission has ordered a seller to pay Rs 3 lakh to a dental surgeon after a Hydra Facial machine bought for Rs 1.5 lakh in 2023 allegedly remained unusable due to repeated defects and failure to provide proper after-sales service. The commission found that the woman had also made several requests for a demonstration of the said machine, but the seller failed to provide one for several months.

President Monika A Srivastava and member Kiran Kaushal were hearing the complaint filed by a dental surgeon who purchased four products, including a Hydra Facial machine, from the seller in 2023.

“The complainant had made full payment to the opposite party (seller) by September 11, 2023, but the complainant kept seeking the demonstration for Hydra Facial Machine from the opposite party till May 16, 2024. The opposite party is found to be deficient in service as the said machine was of no use to the complainant without demonstration,” the September 23 order read.

‘Can’t use facial products without demo’

The woman claimed that she purchased, among other things, a Hydra Facial Vertical Platform machine from the seller to use in her clinic and paid Rs 1.58 lakh on August 10, 2023, as advance payment against the order. Later, the complainant paid the balance amount of Rs 6.34 lakh on September 11, 2023 after taking a bank loan.

The complainant claimed that she paid a total of Rs 7.92 lakh towards the four products, including the Hydra Facial Vertical Platform worth Rs 1.5 lakh. She said the seller delayed the demonstration of the product, which is essential for its safe and correct usage.

She claimed that this delay, spanning several months between October 2023 and May 2024, prevented her from using the equipment, leading to financial setback and client dissatisfaction. It was further stated that she also purchased certain perishable items like gels, liquids, and certain types of injections to be used in the Hydra Facial Machine for its operation, which cost around Rs 25,000.

The woman added that on July 16, 2024, the machine was collected by the seller for repair, which was returned only after 10 days. However, when the machine was returned, the main connecting wire, a crucial component for operating the device, was missing, rendering the machine completely unusable, she added.

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Later, she received a replacement in August 2024, but the complainant claimed that the wire arrived in a damaged and non-functional condition, once again halting the operations and further disrupting the services of the complainant. She mentioned that she raised multiple complaints regarding several issues related to the malfunctioning of the ‘suction tip’ of the machine but received no response or resolution from the seller. Aggrieved, she moved the commission seeking refund and compensation.

‘No after-sales service’

The commission noted that the said seller refused to accept the notice served on it and failed to contest the case. It found that the seller failed to provide after-sales service to the complainant, which rendered the machine useless. “Despite the complainant incurring costs on the machine and the paraphernalia to use the said machine, was unable to use the said product,” it added.

After going through the WhatsApp chat between the dental surgeon and the seller, the commission found that the ‘suction tip’ of the machine was malfunctioning and despite repeated messages to rectify the same, the seller failed to resolve the issues.

The commission further found that since the Hydra Facial Vertical Platform machine was not functional, the complainant must have incurred business loss on account of the defective machine provided to the complainant.

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The commission directed the seller to refund Rs 1.5 lakh paid by the complainant towards the cost of the machine and Rs 1.5 lakh compensation towards mental agony, harassment and litigation costs.

Takeaway

This ruling highlights that the seller cannot avoid its after-sales responsibilities when a product is defective or remains unusable despite repeated complaints from the consumer.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi: 1800-11-4000) or call the National Consumer Helpline at 1915 for assistance.

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