Imagine buying a brand-new smartphone, but within days, it stops working. Or purchasing a home appliance that sparks a fire due to faulty wiring. In such cases, can you hold the manufacturer or seller responsible? ✅
Yes! Under the Consumer Protection Act, 2019, Indian consumers have strong rights to sue for defective products and claim refunds, replacements, or compensation for financial loss, injury, or damages.
In this blog, we will explain what product liability is, when you can file a case, and how to take legal action if you receive a defective product. 🚀
What is Product Liability? 🤔
Product liability means the legal responsibility of manufacturers, sellers, or service providers for selling defective or unsafe products that cause harm to consumers.
✔️ If a product is faulty and causes loss, injury, or damage, you can sue the company.
✔️ You can demand a refund, a replacement, or compensation.
📌 Example:
A customer bought a pressure cooker, which exploded due to a manufacturing defect. The company was ordered to pay ₹5 lakh compensation for the damages.
💡 If a product is unsafe or defective, you have the legal right to take action!
Types of Defective Products That You Can Sue For 🚨
Not all defective products qualify for legal action. The law allows consumers to sue in the following cases:
1. Manufacturing Defects 🏭
✔️ Products that are damaged, incomplete, or improperly assembled during manufacturing.
✔️ Example: A car with faulty brakes, a fridge that does not cool, or an electric kettle that overheats.
📌 Real Case:
A leading car company recalled 50,000 vehicles due to faulty airbags after several reports of malfunctions.
💡 If a product is not working due to a manufacturing defect, you can claim a replacement or refund.
2. Design Defects 📏
✔️ Products that have an inherently flawed design making them dangerous.
✔️ Example: A baby crib designed in a way that can cause injuries or a chair that easily collapses.
📌 Real Case:
A popular phone brand’s battery overheated and exploded due to design flaws. The company had to recall millions of devices worldwide.
💡 If a product is poorly designed and poses risks, you can demand compensation.
3. Defective Warnings & Instructions ⚠️
✔️ If a product lacks proper safety instructions or warnings, leading to injury.
✔️ Example: A medicine bottle without proper dosage instructions or a chemical cleaner without usage warnings.
📌 Real Case:
A leading cosmetic brand was sued because their hair dye did not include an allergy test warning, causing severe skin reactions.
💡 Always check product labels. If important warnings are missing, you can take legal action.
Who Can Be Sued for a Defective Product? ⚖️
According to the Consumer Protection Act, 2019, you can hold multiple parties responsible for a defective product:
✔️ Manufacturer – If the defect occurred in production.
✔️ Seller/Retailer – If they sold a defective product knowingly.
✔️ E-commerce Platforms – If they failed to provide correct product details.
📌 Example:
A woman bought a faulty laptop from an online platform. The retailer refused to refund, so she filed a case. The court ordered both the seller and the platform to refund ₹60,000 + ₹1 lakh compensation.
💡 If the seller refuses to help, you can file a case against both the retailer and manufacturer.
What Can You Claim in a Product Liability Case? 🎯
If you file a product liability case, you can demand:
✔️ Full refund of your money.
✔️ Replacement of the defective product.
✔️ Compensation for financial loss, injury, or property damage.
✔️ Legal costs reimbursement.
📌 Example:
A person suffered burns from a defective gas stove. The company had to replace the product and pay ₹3 lakh compensation.
💡 If you suffer injury or financial loss, you can claim both a refund and damages.
How to File a Complaint for a Defective Product in India? 📝
Step 1: Contact the Seller or Manufacturer 📞
✔️ First, reach out to the seller or brand’s customer service.
✔️ Request a refund or replacement and provide all relevant proof (bills, warranty card, product images).
📌 Example:
A customer bought a damaged washing machine. The retailer replaced it immediately after a complaint.
💡 Most cases are resolved at this stage. If not, move to Step 2.
Step 2: File a Complaint with the National Consumer Helpline (NCH) 📞
✔️ Call: 1800-11-4000 (Toll-Free)
✔️ Online Complaint: consumerhelpline.gov.in
✔️ WhatsApp Complaint: +91-8800001915
📌 Example:
A man bought faulty Bluetooth headphones online. He filed a complaint on NCH and got a full refund within 7 days.
💡 Still no resolution? Escalate to Step 3.
Step 3: Send a Legal Notice to the Company ⚖️
✔️ If the company refuses to refund or replace, send a legal notice through a lawyer.
✔️ Most companies respond immediately after receiving a legal notice.
📌 Example:
A man’s AC exploded due to a manufacturing defect. The company ignored his complaints, so he sent a legal notice and got ₹2 lakh compensation.
💡 If the company still doesn’t act, go to Consumer Court.
Step 4: File a Case in Consumer Court ⚖️
✔️ If all else fails, file a case in Consumer Court under the Consumer Protection Act, 2019.
✔️ Online Filing: www.edaakhil.nic.in
✔️ No lawyer required for small claims.
📌 Example:
A person bought a defective treadmill, and the company refused a refund. He filed a case in Consumer Court and won ₹1.5 lakh compensation.
💡 Consumer Court cases are usually resolved within 3-6 months.
Important Laws Protecting Consumers Against Defective Products 📜
🔹 Consumer Protection Act, 2019 – Protects buyers from faulty products and unfair practices.
🔹 Legal Metrology Act, 2009 – Ensures accurate product labeling and pricing.
🔹 Drugs & Cosmetics Act, 1940 – Regulates medicine safety and labeling.
🔹 BIS (Bureau of Indian Standards) Act, 2016 – Ensures product quality standards.
📌 Example:
A food brand falsely labeled their product as “100% natural” while using artificial preservatives. The company was fined ₹25 lakh.
💡 Always check for BIS, FSSAI, or ISI marks before purchasing products.
Final Thoughts: Take Action Against Defective Products! 💪
If you receive a defective product, don’t ignore it—fight for your rights! 🚀
💡 Key Takeaways:
✔️ You can sue manufacturers and sellers for faulty products.
✔️ Demand refunds, replacements, or compensation for injuries/losses.
✔️ File complaints with NCH (1800-11-4000) and Consumer Court (www.edaakhil.nic.in).
✔️ Always check product warranties and safety labels before buying.
📢 Legal awareness is important! Share this blog to educate others about product liability in India 🇮🇳!
💬 Have you ever received a defective product? Share your experience in the comments!