The following is a synthesis of a recent case referred to the Consumer Claims Tribunal, the testimonies presented and the decision reached:
A woman bought a dishwasher from a local seller for €525. She used it only three times during the six weeks after it was installed. After this time, the dishwasher was only used as a draining board. She said that after washing the plates in the sink she used to put them in the dishwasher to dry.
One-and-a-half years after installation, the woman noticed a brown stain on the dishwasher’s door which she thought was rust. She reported the problem to the seller who sent the technician to check the dishwasher.
The technician said the stain on the dishwasher was not rust and that the stain disappeared after it was wiped clean. In this regard, the woman claimed that while it was true that the stain disappears when it is wiped, it appears again after a while.
The technician said that when the woman informed him that she puts plates in the dishwasher to dry, he told her that normal dishwashing liquid soap can harm the dishwasher, and warned her that the soap she was using might cause such damage.
Normal dishwashing liquid soap can harm the dishwasher
He also explained to her that when a dishwasher is not used for a long time, some water may be left in the drain pump and this may damage the dishwasher. The technician referred her to the dishwasher’s user manual which has clear instructions on how to take care of it when it is not used for a long time.
During the tribunal hearing, the technician said the woman did not follow these instructions. This was confirmed by the consumer who admitted she had never read the dishwasher’s manual.
The trader against whom the claim was made also testified during the tribunal’s sitting. He said the appliance did not develop rust but that the stain was caused by stagnant water that accumulated as a result of it being used as a draining board. He explained that it is for these reasons that the woman’s claim to have the dishwasher replaced with a new one was being refused.
Consumer Claims Tribunal’s considerations
The tribunal noted that the consumer claimed that she only used the dishwasher three times in the one-and-a-half months after she bought it and then she only used it as a draining board.
It added that the consumer did not submit proof that the dishwasher was defective, and if the appliance had any defects this could not be verified as she had not used the dishwasher for over a year.
The explanation given by the company’s technician that the stain was not caused by rust but by stagnant water, which was the result of inappropriate use of the appliance, was supported by the product’s user manual instructions.
For these reasons, the arbiter decided to deny the consumer’s claim for a replacement or refund. The arbiter also ruled that the tribunal’s expenses should be paid by the consumer.
Odette Vella, Director, Information and Research Directorate