Faulty Product in India? Your Rights Under the Consumer Protection Act 2019

The short version

• The Consumer Protection Act 2019 protects you against defective goods, deficient service and unfair trade practices.
• The Sale of Goods Act 1930 says goods must match their description and be of merchantable quality and fit for their purpose.
• A company that fails to honour its warranty can be held responsible for deficiency in service.
• A consumer commission can order the defect removed, a replacement, a refund and compensation. You have 2 years to file a complaint.

Your rights as a consumer

The Consumer Protection Act 2019 sets out six consumer rights:

• to be protected against goods and services that are hazardous to life and property;
• to be informed about the quality, quantity, potency, purity, standard and price;
• to be assured, wherever possible, of access to goods and services at competitive prices;
• to be heard, and to have your interests considered;
• to seek redressal against unfair or restrictive trade practices and unscrupulous exploitation;
• to consumer awareness.

What counts as a "defect"

Under the Act, a defect is any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard that the product should have, whether under law, under the contract, or as the seller or manufacturer claimed. For services, such as repairs, installation or warranty service, the equivalent is a deficiency in service.

Separately, the Sale of Goods Act 1930 implies conditions into most sales: goods must match their description, and, where you rely on the seller's skill or buy by description, be fit for their purpose and of merchantable quality.

Where your warranty fits in

A manufacturer's warranty is a promise to repair or replace the product within a set period, on the company's terms. If the company or its authorised service centre fails to honour it, for example through repeated failed repairs, endless delays or refusing a valid claim, consumer commissions regularly treat that as deficiency in service.

Your protection under the Act isn't limited to the warranty period. If a product was defective from the start, you can still complain after the warranty ends, within the 2-year time limit for filing.

What a consumer commission can order

• Removing the defect from the goods.
• Replacing them with new goods of the same kind, free of defects.
• Returning the price you paid.
• Compensation for loss or injury caused by the seller or company's negligence.
• Payment of your costs, and in serious cases punitive damages.

Products that cause harm

The Act also introduced product liability: if a defective product causes harm, such as injury or damage to property, you can claim compensation from the manufacturer, the seller or the service provider responsible.

Bought online?

The Consumer Protection (E-Commerce) Rules 2020 require online sellers and marketplaces to show their return, refund, exchange, warranty and guarantee terms clearly, and to have a grievance officer. The grievance officer must acknowledge your complaint within 48 hours and resolve it within one month.

There's no general legal right to return something just because you changed your mind. That depends on the seller's or platform's return policy, so check it before you buy.

What to do when something breaks

1. Find the bill and the warranty card. See what to keep.
2. Complain to the seller or the authorised service centre, ideally in writing, and note every complaint or job-sheet number.
3. Escalate to the company's customer care head or grievance officer.
4. Contact the National Consumer Helpline, which can take the problem up with the company before you go to a commission.
5. File a complaint with the consumer commission if it's still not resolved. See how to file a consumer complaint.