Defective Product in India: Replacement, Refund, Repair or Compensation?

Short answer: you can ask the seller to repair, replace or refund a defective product, and if it refuses, a District Consumer Commission can order any of those plus compensation. Section 39(1) of the Consumer Protection Act, 2019 lets the Commission direct the opposite party to remove the defect, replace the goods with new ones “free from any defect”, return the price with interest, and pay compensation for loss or injury caused by its negligence. A seller that refuses to take back defective goods and refund the money within the period stated in the bill — or within thirty days if the bill states none — is committing an unfair trade practice under section 2(47)(viii).

General consumer information, not legal advice. Sections quoted below were checked against the text of the Consumer Protection Act, 2019 and the Sale of Goods Act, 1930 on 13 October 2026.

What counts as a defect

Section 2(10) defines “defect” as any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law, or under any contract (express or implied), or which the trader claims in any manner. So a phone that overheats, a mixer that fails in a week, or a sofa that is not the material the listing said are all defective, even if no law prescribes a standard, because the standard is whatever the contract or the seller’s own description promised. “Deficiency” in section 2(11) is the service-side equivalent: a shortcoming in the quality, nature or manner of performance of a service, including negligence and deliberate withholding of relevant information. A repair centre that returns your item still broken has delivered a deficient service, separate from the original defect.

The remedies, in one table

The Commission orders “one or more” of these. It chooses; you ask. In your complaint, say which remedy you want and why the others would not fix the problem (for example, a replacement is pointless if the model has the same fault).

Warranty, guarantee and what the law actually says

The Consumer Protection Act defines an “express warranty” (section 2(20)) as any material statement, affirmation of fact, promise or description that a product conforms to it, and it makes a false or misleading warranty, guarantee or promise to replace or repair an unfair trade practice (section 2(47)(i)(g) and (h)). It does not define “guarantee” separately, so what binds the seller is what the warranty card, invoice or listing actually promises. Two older rules sit underneath. Under section 12 of the Sale of Goods Act, 1930, a “condition” is essential to the main purpose of the contract and its breach lets you reject the goods, while a “warranty” is collateral and its breach gives a claim for damages. Section 16 adds implied conditions: where you tell the seller what the goods are needed for and rely on its skill, they must be reasonably fit for that purpose, and goods bought by description from a seller who deals in them must be of merchantable quality (unless you examined them and the defect was something the examination ought to have revealed). A warranty period on the card is what the manufacturer promises on top; it does not remove your rights against the seller.

Who is liable: seller, manufacturer or marketplace

• For an ordinary defect (the product is faulty but nobody is hurt), the complaint can name the trader or seller and the manufacturer. Section 2(6) allows a complaint that the goods you bought suffer from one or more defects.
• For harm caused by a dangerous product, Chapter VI applies. A manufacturer is liable if the product has a manufacturing defect, a design defect, deviates from specifications, does not conform to the express warranty, or lacks adequate instructions or warnings (section 84). A seller who is not the manufacturer is liable only in the situations listed in section 86: for example, it exercised substantial control over design, testing, manufacturing, packaging or labelling; it made its own express warranty; or the manufacturer cannot be identified, served or is not subject to Indian law. Section 87 sets out exceptions, such as misuse or alteration of the product and dangers that are obvious or commonly known.
• On a marketplace, Rule 6(3) of the Consumer Protection (E-Commerce) Rules, 2020 says a seller shall not refuse to take back goods or refund the money if they are defective, deficient or spurious, not as advertised, or delivered late (late delivery is excused only for force majeure). The marketplace’s own duties include a grievance officer who must acknowledge within 48 hours and redress within one month, a ticket number for each complaint, and, on your written request after purchase, details of the seller you bought from (Rule 5(3)). How far a marketplace is itself answerable depends on its role in the sale; do not assume it is not.

Note a catch in the definition of “harm” in section 2(22): it covers damage to other property, injury, illness, death and related distress, but not harm to the product itself or economic loss. A faulty heater that merely stops working is a section 39(1)(a)–(d) case; a faulty heater that burns the sofa is a product liability case for the sofa and for injury.

What to do, in order

1. Stop using it if it is unsafe, then photograph or film the fault, the serial number and the packaging.
2. Gather proof of purchase. If you have no invoice, see how to prove a purchase without an invoice. Not issuing a bill is itself listed as an unfair trade practice in section 2(47)(vii).
3. Write to the seller and the manufacturer’s service centre, naming the defect and the remedy you want, and ask for a job sheet or written diagnosis. Check the date against the return period on the bill or the thirty-day default.
4. Send a legal notice if they stall: format and wording here.
5. Call the National Consumer Helpline on 1915 (WhatsApp 8800001915) for a pre-litigation attempt at settlement.
6. File on e-Jagriti within two years of the cause of action (time limits; fees and jurisdiction).

If the defect cannot be established without analysis, section 38(2)(c) lets the Commission send a sealed sample to an appropriate laboratory, and you are asked to deposit the laboratory’s fee (section 38(2)(d)). Section 38(7) says the Commission shall endeavour to decide within three months, or five months where testing is needed, from the date the opposite party receives notice. It is a target, not a guarantee.

Related in this series: a fake or counterfeit product bought online, being charged more than MRP, and whether a “no refund” policy is legal.

Frequently asked questions

Can a shop refuse to refund a defective product?

Not lawfully. Under section 2(47)(viii) of the Consumer Protection Act, 2019, refusing to take back defective goods and refund the price within the period stated in the bill, or within thirty days where the bill is silent, is an unfair trade practice. A “no refund” notice does not, by itself, change that; see the guide on whether a no-refund policy is legal.

Can I demand a replacement instead of a repair?

You can ask for it, and section 39(1)(b) lets the Commission order a replacement with new goods of similar description free from any defect. But the choice among repair, replacement and refund is the Commission’s when you go to court, so explain in your complaint why your preferred remedy is the right one.

Who do I complain against, the seller or the manufacturer?

For an ordinary defect, name both the seller and the manufacturer. Product liability for injury or damage to other property follows different rules: the manufacturer is primarily liable under section 84, and a seller who is not the manufacturer is liable in the situations listed in section 86.

Does the warranty period limit my rights?

The warranty is what the manufacturer or seller promised in addition to your legal rights. Defect is measured against the contract, any law and the trader’s own claims (section 2(10)), and the Sale of Goods Act, 1930 implies conditions of fitness and merchantable quality in the right circumstances. The two-year limit for filing runs from the cause of action, not from the end of the warranty.

Can I claim more than the price of the product?

Section 39(1)(d) allows compensation for loss or injury caused by the opposite party’s negligence, with a power to award punitive damages, and section 39(1)(m) allows costs. Compensation for harm from a dangerous product is awarded under Chapter VI. Claim only what you can document.

Do I need a laboratory report to prove the defect?

Not always. You can file with your own evidence of the fault. Where a defect cannot be determined without analysis or testing, the Commission can refer a sealed sample to an appropriate laboratory under section 38(2)(c), and you may be asked to deposit the fee.