NEW DELHI: The District Consumer Disputes Redressal Commission, Gwalior, has found Eureka Forbes guilty of deficiency in service after the company failed to repair and return a defective vacuum cleaner to a customer, even though the fault occurred within the warranty period. The commission has ordered the company to either return the repaired appliance, replace it with a new one of the same model, or refund its price.What was the caseThe complainant had bought a vacuum cleaner from Eureka Forbes through Amazon on May 15, 2024, for Rs 3,699. Just two days later, on May 17, 2024, the appliance started emitting smoke due to overheating and its paper sweep melted, forcing her to switch it off immediately.She told the company the product was still under warranty and asked for it to be repaired or replaced. Technicians inspected the vacuum cleaner and tried to fix it by replacing the motor, but the defect could not be resolved. In October 2024, a company technician, Manal Singh Baghel, took the appliance away, assuring her it would be repaired and returned soon. It never was.Eureka Forbes, in its reply, called the complaint false and malicious, filed only to extract compensation. It said the company always sent technicians promptly whenever a complaint was received, and that there was no deficiency in service on its part.What the commission saidThe bench comprising president Rajendra Prasad Sharma and member Revati Raman Mishra found that Eureka Forbes had not really challenged the main facts of the case. The commission pointed out that the company never denied the vacuum cleaner broke down during the warranty period, and never explained why it failed to repair or return the product even after taking it away.“the opposite party has not disputed the statement made in the complainant’s affidavit that the Vacuum Cleaner became defective during the warranty period. The opposite party has stated that technicians were immediately sent by it, but it has not rebutted the complainant’s assertion that the technicians could not repair the product and that the Vacuum Cleaner was taken away for repair and has remained in the possession of the opposite party till date without being returned to the complainant after repair. Therefore, it is clear that the conduct of the opposite party falls within the category of deficiency in service,” the commission said.Holding Eureka Forbes responsible, the commission partly allowed the complaint and ordered the company to fix the problem within 45 days.The commission ordered that within 45 days, Eureka Forbes must return the repaired vacuum cleaner to the complainant, at its own cost. If the vacuum cleaner cannot be repaired, the company must instead give her a new vacuum cleaner of the same model, or refund the purchase price of Rs 3,699.The commission also told Eureka Forbes to pay Rs 2,000 as compensation for the mental agony caused to the complainant, and Rs 1,500 towards her legal costs, within the same 45 days.