Faulty Product Notice

A formal legal notice to the seller, manufacturer, brand or platform demanding refund, replacement, repair or compensation for a product that is defective, unsafe, not as described or not fit for use.

No. It is not a statutory precondition. It is worth sending because it creates a dated record of the defect, the demand and the refusal — which is exactly what a Commission looks for.

Under Section 69 of the Consumer Protection Act, 2019 a complaint must be filed within two years of the cause of action arising. Delay can be condoned for sufficient cause with reasons recorded, but that is an indulgence, not a right.

No, and this is how good claims are lost. Months of service visits, ticket numbers and assurances do not stop the clock. Keep the record of every interaction, but track the limitation date separately.

It depends on the defect. The seller, the manufacturer, the service provider and — for an online purchase — the platform may each have a distinct role. Sending it to the wrong party alone is a common reason a claim stalls.

A statutory claim under Chapter VI of the Consumer Protection Act for harm caused by a defective product. It is a significant advance on ordinary contract remedies, because it reaches the manufacturer directly.

Not in the way a general civil claim would require. Section 84 makes a manufacturer liable where, among other things, the product has a manufacturing defect, is defective in design, deviates from specifications, does not conform to an express warranty, or lacks adequate instructions or warnings. You prove the defect and the harm, not carelessness.

Yes, in defined circumstances. Section 86 covers a product seller who is not the manufacturer, including where they exercised substantial control over aspects such as design, testing, manufacturing, packaging or labelling that caused the harm.

Yes. Section 87 sets out exceptions — including misuse, alteration or modification of the product, and situations where the harm arose from the consumer disregarding warnings or instructions. That is why the notice should address how the product was actually used.

A defect concerns goods — a fault in quality, quantity, standard or potency. A deficiency concerns a service — a shortfall in the quality or manner of performance. A failed product plus a refused repair can involve both.

Removal of the defect, replacement, return of the price, compensation for loss or injury, and in appropriate cases compensation for mental agony and litigation costs. Section 39 sets out what a Commission can order.

Demand what you can evidence. An inflated figure with no basis weakens an otherwise strong notice and makes settlement harder.

Possibly. A warranty is a contractual promise; it does not exhaust your statutory rights. A manufacturing defect that existed at sale but manifested later, or an unsafe product, can still ground a claim.

That is a factual assertion they must support. Ask for the basis in writing, preserve the service history, and note that a warranty condition does not by itself displace a product liability claim.

The seller on the platform, the manufacturer and potentially the platform each have obligations. The Consumer Protection (E-Commerce) Rules, 2020 impose duties on marketplaces including grievance handling and seller disclosure. Preserve the order page as it appeared at purchase.

It matters a great deal, because the listing is often the express representation you relied on. Capture it early — listings are edited, and once changed the original description can be difficult to establish.

Treat it differently. Stop using it, preserve it, document any injury with medical records, and report it. The Central Consumer Protection Authority has powers including recall and reimbursement where goods are unsafe.

Goods bought for resale or for a commercial purpose generally fall outside the consumer definition, subject to the exception for goods used exclusively for earning a livelihood by self-employment. Where the consumer route is unavailable, a contractual or civil claim is the alternative.

Be careful. Once the product is handed over, your evidence goes with it. Photograph and document it thoroughly first, and ideally get a written acknowledgement describing the condition and the defect.

Not always, but in a contested matter it helps considerably, and in some claims a Commission may direct testing. Where the value justifies it, an independent assessment is worth obtaining before the product leaves your hands.

That silence is useful. File the consumer complaint, annexing the notice and proof of delivery, which demonstrates the defect was raised and the opportunity to remedy was declined.

Before the District, State or National Commission depending on the value of the consideration paid. The District Commission handles matters up to the prescribed threshold. See our consumer court page for the forum and process.

Consumer proceedings were designed to be accessible and a party may appear in person, though the drafting and evidence still decide the outcome.

Chasing the seller informally for a year. The claim does not improve while you wait, the evidence degrades, and the two-year clock runs the whole time.

We handle defect documentation, liability mapping, notice drafting, platform escalation, compensation assessment, complaint preparation and advocate coordination. Appearance is through enrolled advocates.