Consumer rights · Original study

Defective goods and refunds

Distinguish a defect, an ordinary return request and a product-liability claim for harm.

Section 2(10) defines a defect as a fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard required by law, contract or the trader's claim. Describe the exact gap between what was promised and what was supplied. A change of mind is not automatically the same as a defective item. A warranty, return policy and statutory remedy are separate sources of rights; preserve each applicable document and the condition of the goods.

After establishing the relevant defect or complaint, section 39 allows the Commission to order specified remedies, including removal of defects, replacement, return of price or charges, and compensation where its conditions are met. It does not promise that every buyer can choose any remedy without adjudication. Sections 82–87 separately govern product liability for harm and distinguish manufacturers, service providers and sellers. A faulty product dispute does not automatically establish every party's liability or the amount of compensation.

Fictional example

Fictional example: a refrigerator sold as having a specified storage capacity is materially smaller. The buyer keeps the listing, invoice and measurements, describes the mismatch, and identifies the requested remedy. If an injury is also alleged, evidence of harm and product liability requires separate analysis.

What not to assume

Do not destroy evidence or attempt unsafe tests to prove a defect. This site cannot verify product safety, inspect goods or value an injury claim.

Read the complete provisions

Study check

Check your understanding

Choose an answer, then check it. Scoring stays in your browser and every explanation links to the statutory text.

1.Is changing your mind automatically proof of a statutory defect?
No; identify the actual shortcomingYes
Not quite
Section 2(10) defines defect by the required or claimed quality, quantity and other standards—not merely a later preference.
Read section 2 →
2.Does section 39 guarantee compensation without establishing the complaint?
YesNo; relief depends on findings and conditions
Not quite
Section 39 describes orders the Commission may make after the relevant complaint is established; it is not an automatic payout.
Read section 39 →

.law-quiz-explanation { display: block !important; }JavaScript is off, so scoring is unavailable. The answer explanations remain visible for study.

Use the appropriate official channel

National Consumer Helpline

Pre-litigation grievance assistance; not a Commission judgment.

Open official service

e-Jagriti

Official Consumer Commission processes. Verify requirements there; entries from this page are not transferred.

Open official service

Original educational material, not individual legal advice. Hindi guides are not statutory translations. Banaka is not an official or certified edition. No filing, payments or guaranteed remedies. Consult official text, applicable rules and judicial interpretation. Official Act source · Edition: 2026-09-01 · Source checked: 2026-10-02.