Modular kitchen dealer ‘fails’ to fix defects: Kerala man wins Rs 1.98 lakh payout

The commission noting that there was no evidence from the dealer to rebut the customer’s claims. (AI-generated image)

A Kerala consumer commission directed a modular kitchen dealer to pay Rs 1.98 lakh to a customer after finding that the dealer allegedly failed to fix defects in the kitchen despite offering a 10-year warranty. The customer claimed to have paid Rs 1.85 lakh for the modular kitchen and granite work in 2021 and, within 2 years, found problems with the shutters, shelves, plate basket and cabinet.

President Krishnan K and member Beena K G of the Kasaragod District Consumer Commission were hearing a complaint filed by a man who had approached the kitchen dealer while renovating his house.

“In the absence of rebuttal evidence, there is a serious deficiency in service and unfair trade practice on the part of the opposite parties (company), which caused financial loss and mental stress to the complainant. The opposite party is bound to redress the grievance of the complainant. The complainant is entitled to get a refund of the paid amount with interest cost, and compensation,” the August 31 order read.

Defects appeared after two years

The man claimed that he is a permanent resident of Marakkappukadappuram and, as part of the renovation of his house, he approached the modular kitchen dealer. The dealer’s staff visited his house on July 10, 2021, and prepared an estimate for Rs 1.30 lakh.

The company also allegedly offered a 10-year replacement warranty for the kitchen cabinet and shutters, a two-year warranty for accessories and a lifetime warranty for hardware. It was also stated that marine wood would be used for the work.

Based on this, the package was fixed at Rs 1.85 lakh, which included the modular kitchen and granite slab top. The man was told that the package included base cabinets, wall cabinets, laminated finished shutters, hob, hood, granite countertop and fitting charges. He paid Rs 1 lakh as advance in two instalments and later paid the remaining amount.

Around two years after the work was completed, problems started appearing in the shutters, shelves, plate basket and cabinet. The complainant informed the dealer about the issues in March 2024 through phone calls and by visiting the shop directly, but received no response.

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The dealer neither attended to the defects nor suggested any solution during the warranty period. Aggrieved, the man moved the commission, alleging that the company’s failure had caused him mental agony and financial loss.

Dealer did not appear before commission

The commission found that notice had been served on the dealer, but it did not appear in the proceedings and was set ex parte. The man produced photographs of the damaged kitchen, cash receipts, the warranty document and a bank loan document in support of his complaint.

“The opposite parties failed to comply with the warranty conditions offered by them amounts to deficiency in service and unfair trade practice under the Consumer Protection Act 2019,” the commission said while noting that there was no evidence from the dealer to rebut the customer’s claims.

Accordingly, the commission directed the dealer to refund Rs 1.85 lakh with 9 per cent interest, along with Rs 10,000 as compensation and Rs 3,000 as litigation costs, within 30 days. The total amount, excluding interest, comes to Rs 1.98 lakh. 

Takeaway

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This ruling highlights that a modular kitchen dealer must honour the warranty it offers and address defects reported by the customer within the warranty period.

For consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.

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Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More