I bought a defective product and the shop refuses to replace or refund it.
Simple answer
You can insist on a fix. A seller who refuses to take back defective goods and refund you within the time on the bill (or 30 days if none is given) commits an unfair trade practice. A 'no exchange, no refund' board does not cancel this right.
Real-life examples
Lakshmi bought a mixer-grinder in Chennai. Its motor stopped in the second week, and the shop pointed to its 'no refund' board. She wrote to the shop and the company, then filed a complaint at the District Commission asking for a replacement or refund with compensation.
Arjun bought a shirt, wore it once, and then decided he didn't like the colour. The shirt has no defect, so the law does not force the shop to take it back. Any exchange depends on the shop's own return policy.
Gurpreet's new pressure cooker burst on first use and burned her hand. Besides a refund, she can claim compensation for the injury from the manufacturer under the product liability rules, which focus on whether the product was defective.
What should you do?
- 1Keep the bill, warranty card and box. Take clear photos or a video of the defect.
- 2Write to the shop and the company's customer care (email or registered post). Ask for repair, replacement or refund by a fixed date.
- 3If nothing happens, call the National Consumer Helpline at 1915 or use the NCH app. It is free and tries to settle the matter before court.
- 4Still stuck? File a complaint on e-Jagriti at the District Commission. There is no fee if you paid up to ₹5 lakh.
- 5Ask for repair or replacement, a refund with interest, and compensation for your trouble. You can argue the case yourself.
Exceptions & limits
- If you bought it to resell or for a commercial purpose, you are not a 'consumer' under this law. Using it only to earn your own livelihood is still covered.
- If you damaged or misused the product, or ignored clear instructions, the seller and maker may not be responsible.
- File within 2 years of the problem. A later complaint needs a good reason for the delay.
Official legal reference
Consumer Protection Act, 2019 — Section 2(7)
Who is a consumer: a buyer for own use, not for resale or commercial purpose; use only to earn one's livelihood is allowed.
Consumer Protection Act, 2019 — Section 2(10)
Defines 'defect': any fault or shortfall in quality, quantity, purity or standard required by law, contract or the trader's own claims.
Consumer Protection Act, 2019 — Section 2(47)(viii)
Unfair trade practice: refusing to take back defective goods and refund within the period on the bill, or 30 days if none is stated.
Consumer Protection Act, 2019 — Section 39(1)
The Commission can order removal of the defect, replacement, refund with interest, compensation and costs.
Consumer Protection Act, 2019 — Sections 83, 84
Product liability: a manufacturer must compensate harm caused by a manufacturing or design defect, breach of express warranty or missing warnings.
Where to get help
National Consumer Helpline
Free pre-litigation help to resolve complaints with sellers and service providers.
e-Jagriti (Consumer Commission e-filing)
File a case before the District, State or National Consumer Commission online.
Source & status
- Applies to
- All of India
- Law in force since
- 20 Jul 2020
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.