In short
- A "defect" under the Consumer Protection Act, 2019 is any fault or shortcoming in quality, quantity, potency, purity or standard that the product should have had.
- Consumer Commissions can order repair, replacement, a refund and compensation.
- A written warranty sets out what the brand promised, but the Act's protections apply alongside it.
- Complaints usually start with the seller or brand in writing, and can be escalated to the National Consumer Helpline (1915) or a Consumer Commission if they aren't resolved.
- The general time limit for a complaint is two years.
Reviewed by 2 advocates · 2 Bar Councils
Approved ·
Practises civil and consumer law
Reviewed this guide for accuracy against the sources listed below.
02What the law says
Under the Consumer Protection Act, 2019, a consumer can complain when goods have a defect. If the complaint is upheld, a Consumer Commission can order the business to remove the defect, replace the goods with similar goods free of defects, return the price paid, and pay compensation and costs.
The Act also has a separate "product liability" chapter. A manufacturer, seller or service provider can be responsible for harm caused by a defective product, for example a manufacturing defect, a design defect, or missing or inadequate instructions and warnings.
Warranty terms matter. They tell you what the brand promised, such as free repair for a period. But a warranty is not the only source of a consumer's rights. The remedies under the Consumer Protection Act, 2019 are separate from it, and a Consumer Commission can decide a complaint about a defect whatever the warranty says.
03Where you can go
- The seller and the brand's service centre. A written job sheet or complaint number for every visit creates a record.
- National Consumer Helpline. Call 1915 or file at consumerhelpline.gov.in (opens in new tab).
- District Consumer Commission. File online at e-jagriti.gov.in (opens in new tab) if the dispute isn't resolved.
04How it usually works
- 01
Many people report the fault to the seller or brand in writing soon after they notice it.
- 02
Keeping the product as it is, where possible, along with every job sheet and message, preserves the evidence.
- 03
If repeated repairs don't fix it, or the brand refuses, many people send a written notice setting out what they want.
- 04
If there's still no resolution, a complaint can be filed with the District Commission.
05Time limits
- Two years from when the cause of action arose to file with a Consumer Commission. Warranty periods are separate and depend on the brand's terms.
06Documents to gather
- Invoice and proof of payment
- Warranty card or warranty terms
- Service centre job sheets and complaint numbers
- Photos or videos showing the fault
- Emails, chats and call records with the seller or brand
07Common questions
08Questions to ask an advocate
If you speak to an advocate, these questions can help make the conversation useful.
- Does my situation count as a defect, a deficiency in service, or both?
- Who should I name: the seller, the brand, the service centre, or the platform?
- What relief and compensation is reasonable to claim with my evidence?