What to Do if a Business Sends a Faulty Product and Refuses Replacement

You are beyond thrilled about snagging that new tech you have been eyeing, only to discover it is a complete dud. To add insult to injury, the seller ghosts you when you ask for a replacement. I have seen this situation unfold way too often. I came across a report from the Indian Department of Consumer Affairs that stated almost 60% of consumer complaints arise from faulty goods or terrible service. So, what can you do? I will break down what steps you can take when a business ships you a lemon and then refuses to own up to it. My focus is on how to file a consumer complaint on a defaulty product in India. The goal is to ensure you get what you are owed.

Understanding What Is Yours

Before moving forward, you absolutely must understand your rights as a consumer in India. The Consumer Protection Act of 2019 aims to protect you from substandard goods, deficient service, unfair trade practices and restrictive trade practices. Your rights include:

• Protection from the sale of goods and services that endanger life and property.
• Access to information regarding the quality, amount, strength, purity, standard and price of goods or services.
• The option to purchase a variety of goods and services at competitive prices, where possible.
• The ability to seek recompense for unfair or restrictive trade maneuvers.

Having a solid understanding of these rights enables you to effectively use the consumer complaint system when a business refuses replacement. Arm yourself with this knowledge; it is your best defense.

A Step-by-Step Guide: How to File a Consumer Complaint in India

Here is a plan for addressing a defective product and a seller who will not give you the time of day:

1. Initiate Communication and Keep Meticulous Records

Your initial action should always be to reach out directly. Contact the seller or manufacturer and clearly explain the problem with the product. Maintain a polite tone, but be firm. State clearly what outcome you expect: a replacement, repair or refund. Keep detailed records of all interactions, including emails, chat logs and notes from phone calls. Include dates, times and the names of all individuals you spoke with. This documentation is essential when you want to register consumer complaint.

2. Issue a Formal Demand

If discussions are unproductive, consider having an attorney send a legal notice. This formal letter will outline your grievances, demand specific action within a defined period (usually 15 to 30 days) and warn of legal consequences if they do not comply. Yes, this will incur some expense, but it often incentivizes the seller to take the issue seriously.

3. Submit a Formal Complaint

If the legal notice does not yield results, it is time to submit a formal consumer complaint. You have the option to do this online using the e-Daakhil portal, which is authorized by the Consumer Protection Act, 2019. Alternatively, you can submit a written complaint to the appropriate consumer forum. The correct forum is determined by the value of the goods or services involved.

a. Online Submission (e-Daakhil):

• Visit the e-Daakhil portal.
• Register and create your account.
• Complete the online complaint form. Include all required details and upload supporting documents, such as the purchase receipt, warranty papers and communication records.
• Settle the required fees online.
• Submit the complaint.

b. Offline Submission:

• Draft a clear and concise complaint in writing.
• Provide your name, address, contact details and information for the seller or manufacturer.
• Describe the product, the specific defect, the date of purchase and the price you paid.
• Include copies of all supporting documents.
• Send the complaint by registered post to the appropriate consumer forum.

4. Select the Correct Venue

The Consumer Protection Act, 2019 specifies the monetary limits for each consumer forum:

• District Commission: For complaints where the value of goods or services is up to ₹50 lakh.
• State Commission: For complaints where the value is more than ₹50 lakh but under ₹2 crore.
• National Commission: For complaints where the value exceeds ₹2 crore.

Submitting your complaint to the incorrect forum will result in its dismissal, so verify that you have selected the proper venue.

5. Attend Hearings and Present Your Case

When the consumer forum accepts your complaint, they will notify both parties. You are required to attend all scheduled hearings and present your arguments, supported by solid evidence. You can manage this independently or engage an attorney to represent you. Be prepared to respond to questions from the forum members and the opposing party.

6. Possible Outcomes and Awards

If the consumer forum rules in your favor, they have the authority to order the seller or manufacturer to:

• Replace the defective product with a functioning unit.
• Issue a refund for the original purchase price.
• Compensate you for any losses or injuries you incurred.
• Stop the unfair trade practice.
• Pay punitive damages.

The forum can also compel the company to cover your legal expenses.

Look at Mediation

Beyond the formal consumer forum process, explore Alternative Dispute Resolution (ADR) methods such as mediation or conciliation. These methods are often faster and less expensive than traditional court proceedings. The Consumer Protection Act encourages ADR, and many consumer forums provide mediation services.

How to Avoid Future Problems

While receiving compensation is beneficial, avoiding the issue initially is always preferable. Here are some suggestions to help you prevent similar situations from occurring:

• Only engage with sellers and brands that have strong reputations.
• Examine reviews before you commit to a purchase.
• Inspect the product thoroughly upon arrival.
• Store all purchase records and warranty documents securely.
• Keep informed about your consumer rights.

A Lesson Learned

I remember when a friend purchased a washing machine online. When it arrived, it was severely dented and would not even turn on. Initially, the seller disclaimed responsibility for the damage, alleging it occurred after delivery. Fortunately, my friend had photos and comprehensive communication records. After he sent a legal notice, the seller relented and agreed to replace the machine within a week. This shows how critical documentation and proactive measures can be in these cases.

Why Is This Important?

Dealing with a defective product and an uncooperative seller is never enjoyable. However, if you are aware of your consumer rights and implement a solid plan, you can significantly increase your chances of a positive outcome. Do not hesitate to file a consumer complaint in India to protect your interests and hold businesses responsible. Consumer protection extends beyond legal rights. It involves ensuring that business practices remain fair and ethical. Therefore, use your power to demand quality and service. Ultimately, it benefits all consumers.