The seller refuses to take back a faulty product. What can I do?
Updated · 6 July 2026
File a complaint on the E-Daakhil portal under the Consumer Protection Act, 2019. The District Consumer Commission has jurisdiction up to ₹50 lakh and you need not engage a lawyer.
What are my rights when a seller refuses to take back a faulty product?
Under the Consumer Protection Act, 2019 (CPA), you have a clear cluster of rights against a seller of defective goods or services:
(1) Right to repair, replace or refund at the consumer's choice for defective goods;
(2) Right to redressal in the Consumer Commission against unfair trade practices, defective goods, and deficient services;
(3) Product liability (Sections 82-87) — the manufacturer, seller and service provider are jointly liable for harm caused by a defective product, even if you only bought from the seller;
(4) Right to compensation — for the price paid, loss/injury suffered, and punitive damages in egregious cases.
Limitation: 2 years from the cause of action. The clock starts when the defect manifested or when you first discovered it, whichever is later.
(1) Right to repair, replace or refund at the consumer's choice for defective goods;
(2) Right to redressal in the Consumer Commission against unfair trade practices, defective goods, and deficient services;
(3) Product liability (Sections 82-87) — the manufacturer, seller and service provider are jointly liable for harm caused by a defective product, even if you only bought from the seller;
(4) Right to compensation — for the price paid, loss/injury suffered, and punitive damages in egregious cases.
Limitation: 2 years from the cause of action. The clock starts when the defect manifested or when you first discovered it, whichever is later.
Where do I file my consumer complaint?
Pecuniary jurisdiction (as amended in 2021) determines the forum:
(1) District Commission — claims up to ₹50 lakh;
(2) State Commission — claims from ₹50 lakh to ₹2 crore;
(3) National Commission (NCDRC) — claims above ₹2 crore.
Territorial jurisdiction — you can file in the Commission where (a) the seller resides or works, (b) any branch is located, (c) the cause of action arose, or (d) you reside. The 2019 Act added option (d), which is a major convenience — you don't have to travel to the seller's city.
Online complaints from anywhere in India can be filed via the E-Daakhil portal (see next section).
(1) District Commission — claims up to ₹50 lakh;
(2) State Commission — claims from ₹50 lakh to ₹2 crore;
(3) National Commission (NCDRC) — claims above ₹2 crore.
Territorial jurisdiction — you can file in the Commission where (a) the seller resides or works, (b) any branch is located, (c) the cause of action arose, or (d) you reside. The 2019 Act added option (d), which is a major convenience — you don't have to travel to the seller's city.
Online complaints from anywhere in India can be filed via the E-Daakhil portal (see next section).
What is the e-Daakhil portal and how do I use it?
E-Daakhil is the government's official online filing portal for Consumer Commissions, launched to make complaint filing simple and affordable. Step-by-step:
(1) Register on the portal with your name, email and mobile number;
(2) Verify via OTP;
(3) Select your Commission based on pecuniary and territorial jurisdiction;
(4) Fill the complaint form — your details, opposite party details, facts, prayer (what you want the Commission to order);
(5) Upload documents — invoice, warranty card, complaint affidavit, photographs of the defect, communication trail;
(6) Pay the fee online — starts at ₹100 for claims up to ₹5 lakh; ₹500-₹5,000 for larger claims;
(7) Track your case status online and receive hearing notifications.
The portal accepts complaints in multiple Indian languages.
(1) Register on the portal with your name, email and mobile number;
(2) Verify via OTP;
(3) Select your Commission based on pecuniary and territorial jurisdiction;
(4) Fill the complaint form — your details, opposite party details, facts, prayer (what you want the Commission to order);
(5) Upload documents — invoice, warranty card, complaint affidavit, photographs of the defect, communication trail;
(6) Pay the fee online — starts at ₹100 for claims up to ₹5 lakh; ₹500-₹5,000 for larger claims;
(7) Track your case status online and receive hearing notifications.
The portal accepts complaints in multiple Indian languages.
Do I need a lawyer to file a consumer case?
No — representation by a lawyer is not mandatory. Consumer Commissions were designed to be accessible to ordinary citizens. Many people argue their own cases successfully.
You can DIY when:
(1) The amount is small (under ₹5 lakh);
(2) The facts are simple and documented;
(3) You have time to attend 4-8 hearings over 6-18 months;
(4) The opposite party is unlikely to mount a serious defence.
Hire a reputable, specialised consumer lawyer when:
(1) The amount is substantial (₹10 lakh+);
(2) The opposite party is a large company with experienced legal teams;
(3) The case involves complex product liability or medical negligence;
(4) The case is at the State or National Commission, where procedures are more formal;
(5) An appeal is likely.
Lawyer fees vary widely — ₹15,000-₹1,00,000+ for end-to-end representation.
You can DIY when:
(1) The amount is small (under ₹5 lakh);
(2) The facts are simple and documented;
(3) You have time to attend 4-8 hearings over 6-18 months;
(4) The opposite party is unlikely to mount a serious defence.
Hire a reputable, specialised consumer lawyer when:
(1) The amount is substantial (₹10 lakh+);
(2) The opposite party is a large company with experienced legal teams;
(3) The case involves complex product liability or medical negligence;
(4) The case is at the State or National Commission, where procedures are more formal;
(5) An appeal is likely.
Lawyer fees vary widely — ₹15,000-₹1,00,000+ for end-to-end representation.
What about complaints against e-commerce platforms?
E-commerce gets extra protection under the Consumer Protection (E-Commerce) Rules, 2020, which apply to all platforms (Amazon, Flipkart, Meesho, Myntra, Nykaa, etc.). The Rules require platforms to:
(1) Display country of origin and seller details prominently;
(2) Acknowledge complaints within 48 hours and resolve within 1 month;
(3) Appoint a Grievance Officer whose name, contact and grievance redressal process must be on the platform;
(4) Display correct pricing — no manipulated MRP or false discounts;
(5) Not engage in unfair trade practices like fake reviews, drip pricing, dark patterns;
(6) Refunds within 14 days of return acceptance.
Violations can be pursued in three places: (a) the platform's Grievance Officer first; (b) the National Consumer Helpline (1915) or consumerhelpline.gov.in for facilitation; (c) the Consumer Commission for formal adjudication.
The Central Consumer Protection Authority (CCPA) can also investigate platforms for systemic violations and impose penalties — useful to flag patterns affecting many consumers.
(1) Display country of origin and seller details prominently;
(2) Acknowledge complaints within 48 hours and resolve within 1 month;
(3) Appoint a Grievance Officer whose name, contact and grievance redressal process must be on the platform;
(4) Display correct pricing — no manipulated MRP or false discounts;
(5) Not engage in unfair trade practices like fake reviews, drip pricing, dark patterns;
(6) Refunds within 14 days of return acceptance.
Violations can be pursued in three places: (a) the platform's Grievance Officer first; (b) the National Consumer Helpline (1915) or consumerhelpline.gov.in for facilitation; (c) the Consumer Commission for formal adjudication.
The Central Consumer Protection Authority (CCPA) can also investigate platforms for systemic violations and impose penalties — useful to flag patterns affecting many consumers.
Reference Citation: Consumer Protection Act, 2019; Consumer Protection (E-Commerce) Rules, 2020
Disclaimer: Content provided here is for general legal knowledge only and does not constitute formal legal advice. If you have an urgent or specific matter, please consult a registered advocate.