Faulty product or bad service: how to make them fix it or pay

What has probably happened

You paid for something and it did not work the way it should. Perhaps:

• a new phone, fridge or bike broke down within weeks, and the service centre keeps "repairing" it;
• a builder, plumber or contractor took the money and left the work half done;
• a coaching centre, courier, hospital, bank or insurer did not do what you paid for;
• a car repair made things worse, and the garage wants more money.

You have complained and been sent in circles.

The law that covers this is the Consumer Protection Act, 2019. It protects a consumer: anyone who buys goods or pays for a service, in a shop or online. It does not cover goods bought for resale or for a business, except goods used only to earn your own living by self-employment (Section 2(7)).

The Act uses two words for what went wrong:

• A defect is a fault or shortcoming in the quality, quantity or standard a product should have — by law, by the contract, or as the seller claimed it had.
• A deficiency is a fault or shortcoming in how a service is performed. It includes negligence that causes you loss, and deliberately keeping back information you should have been told.

"Service" is defined widely. It includes banking, insurance, transport, electricity, telecom, housing construction, lodging and entertainment. A free service, or work done under an employment contract, is not covered.

Refusing to take back a defective product, or to withdraw a deficient service, and refund the money within the period on the bill — or within 30 days if no period is stated — is itself an unfair trade practice under the Act.

What the Commission can order

If you prove your case, the Consumer Commission can order the other side to do one or more of these (Section 39):

• remove the defect, or replace the product with a new one free of defects;
• return the price or charges you paid, with interest;
• pay compensation for loss or injury caused by their negligence;
• put right the deficiency in the service;
• pay your costs.

Knowing this tells you what to ask for in your notice.

What to do, step by step

Day 0 — write down the facts. When did you buy it or book the service? What did you pay? When did the problem start? Whom did you complain to, and when? Dates matter: the time limit runs from when the problem arose.

Days 1 to 7 — gather proof. Keep the bill, the warranty card, the job cards from each repair, photos or video of the fault, and every message and email. If the product is faulty, do not throw it away or have it repaired elsewhere without photos first; the Commission may need it tested.

Next — send a legal notice. A legal notice is a formal letter, in your name, setting out the facts and your demand. It should name everyone responsible — the seller, the manufacturer, the service provider — and say:

• what you bought or booked, when, and for how much;
• the defect or deficiency, and how it showed up;
• what you have already tried;
• exactly what you want: repair, replacement, refund, compensation, or a mix;
• the time you give them to do it, and that you will go to the Consumer Commission if they do not.

The law does not fix how much time a notice must give; 15 days is common. The Act does not make a notice compulsory before a complaint, but it often settles the matter, and it shows the Commission you gave the other side a fair chance. See the consumer legal notice format for a sample.

Send it by registered post with acknowledgement due, and keep the receipt and tracking printout. You can email a copy too.

If they don't fix it or pay — the Consumer Commission. File a complaint before the District Consumer Disputes Redressal Commission:

• Where: where you live or work for gain, where the company does business, or where the problem arose (Section 34).
• Which level: the District Commission hears complaints where what you paid is up to ₹50 lakh.
• When: within two years of the problem arising (Section 69). Later than that, only if you show a sufficient reason and the Commission accepts it.

If a defective product caused harm — an injury, or damage to other property — you can also claim compensation in a product liability action against the maker, the seller or the service provider (Section 83). Read what the Consumer Commission complaint involves.

Timeline and costs

When	What	Who pays
Day 0	Problem starts	—
First week	Bills, job cards, photos and messages gathered	—
Next	Legal notice by registered post	You: ₹899 with eMunshi, all-inclusive — drafted from your answers, checked and sealed by a panel advocate, sent by registered post with tracking
Notice period over	Complaint to the District Commission	No filing fee when what you paid is up to ₹5 lakh; the advocate's fee, if you use one, quoted first
Within two years of the problem	Last date to file, unless the Commission excuses the delay	—

Documents to keep handy

• The bill or invoice, and payment proof.
• The warranty card or terms, and any brochure or advertisement showing what was promised.
• Job cards and service reports from each repair visit.
• Photos or video of the defect, with dates.
• Messages, emails and complaint numbers.
• The product itself, unrepaired, if it is faulty.
• Your notice, the postal receipt, the tracking record, and any reply.

Mistakes that sink people

• No paper trail. Complaints made only by phone are hard to prove. Follow every call with an email.
• Throwing away the faulty product, or letting someone else repair it, before it has been photographed or examined.
• Missing someone in the notice. If the manufacturer is responsible, name the manufacturer, not only the shop.
• Asking for everything at once without a basis. Claim what you can show: the price, extra costs, and the harm done.
• Letting two years pass while the company keeps promising to fix it.

When it is more than a faulty product

If someone was hurt, or a large amount is involved, speak to an advocate before you send anything. A 30-minute call with an independent advocate from our panel starts at ₹999.