Refund for a defective product bought online: your rights

If a product you bought online is defective, damaged, fake or not as described, you can demand a refund or replacement under the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020. Start with a written complaint on the app and to the grievance officer, then the National Consumer Helpline (1915), and if that fails, file a consumer complaint within two years on e-Jagriti. The fee is nil if the price paid is up to ₹5 lakh, and you can file in the district where you live.

Your rights as an online buyer

An online sale is a sale. The Act protects you whether you paid by UPI, card, net banking or cash on delivery, and whether the seller sits in your city or in another state. Several rights matter most in a defective-product dispute.

• Right to a defect-free product. “Defect” is defined in section 2(10). A fault, imperfection or shortcoming in quality, quantity, potency, purity or standard is covered, including a product that does not match what was promised in the listing.
• Right against unfair trade practices. Section 2(47) treats refusal to take back defective goods and refund the price as an unfair trade practice. The E-Commerce Rules (rule 6) also stop a seller on a platform from refusing to take back defective or misdescribed goods or refusing the refund.
• Right to know who you are dealing with. Platforms must display their legal name, address, customer care details and grievance officer. Marketplaces must make seller details available.
• Right to a grievance process. The grievance officer must acknowledge in 48 hours and resolve within one month.
• Protection from dark patterns. False urgency, hidden charges and pre-ticked boxes can be pleaded as unfair practices. The CCPA’s 2023 guidelines on dark patterns list them.

Step by step: from the order to the Commission

1. Record the problem at once. Film the unboxing without a break, showing the label, the seal and the defect. Photograph the packaging and the invoice. Keep the order page, payment proof and the listing screenshot (price, description, return window).
2. Raise a return or replacement request in the app within the return window. Choose the reason that matches the fault. Save the request number.
3. Write to the seller and the grievance officer. Email with your order number, the defect, and your demand (refund or replacement) with a short deadline. Keep the sent mail.
4. Escalate to the National Consumer Helpline. Register on 1915 or at consumerhelpline.gov.in. Companies are given a chance to respond and many resolve cases here.
5. Send a legal notice if the amount is significant. See the guide on legal notice before a consumer complaint. It is optional.
6. File a complaint on e-Jagriti in the District Commission where you live or work. The process is explained in the guide on filing on e-Jagriti.

Who is responsible: seller, marketplace or manufacturer?

The seller is first in line for the product. The manufacturer is answerable for a manufacturing defect or a failed warranty. A marketplace is generally not liable merely because it hosted the listing, but it can be joined where its own conduct is in question: it ignored your return request contrary to its policy, hid the seller’s details, held your payment, or its delivery partner swapped the item. Commissions decide each party’s liability on the facts. If you are unsure, name all three and explain each one’s role in one paragraph each.

Use exact legal names. The brand on the app is rarely the company that took your money. Find the legal name in the invoice, the terms page or the footer.

Common situations and the right response

Example: Farhan in Bengaluru ordered a laptop for ₹1.1 lakh. The box contained an older model with a different serial number. He had filmed the unboxing, so the mismatch was clear. He wrote to the grievance officer, lodged a helpline grievance and then filed in the Bengaluru District Commission, naming the seller and the marketplace. He paid no fee because the price paid was below ₹5 lakh.

What you can ask for

Section 39(1) lets a Commission order, among other reliefs, removal of the defect, replacement, refund of the price with interest, compensation for loss or injury, and costs. In your prayer, ask for the price with interest from the date of payment, a reasonable sum for harassment, and costs. Do not inflate it. The forum is decided by the price paid and not by the compensation you claim, so a big figure does not move the case to a higher Commission, but unrealistic claims can reduce credibility.

Common mistakes

• Accepting a cancelled return on a phone call with no written record.
• Throwing away the box or the packaging before the dispute ends.
• Missing the return window in the app, and then having no document showing you tried within it.
• Suing the brand, not the legal entity.
• Waiting beyond two years.

Frequently asked questions

Can I complain if I paid cash on delivery?

Yes. The Act applies to any price paid or promised. Keep the invoice and delivery proof.

The marketplace says it is only an intermediary. Can I still file against it?

You can join it where its own conduct is in issue, for example it blocked your return or did not give seller details. Whether it is held liable depends on the facts.

How long does the grievance officer have to reply?

Acknowledgement within 48 hours and redress within one month, under the E-Commerce Rules, 2020.

Do I need a lawyer?

No. You can file yourself on e-Jagriti. A lawyer is optional.

Where should I file if the seller is in another state?

In the district where you reside or personally work for gain (s.34(2)(d)), among other options.

Quick quiz

Next step: take the Consumer Complaint Filing certificate course, ₹199.

Sources

• Consumer Protection Act, 2019: ss.2(7), 2(10), 2(47), 34(2), 35, 39(1), 69 and 82 to 87
• Consumer Protection (E-Commerce) Rules, 2020 (notified 23 July 2020): grievance officer and refund provisions, including rule 6
• Guidelines for Prevention and Regulation of Dark Patterns, 2023 (CCPA)
• Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021
• Consumer Protection (Consumer Disputes Redressal Commissions) Rules, 2020, rule 7 (fee table as substituted on 17 August 2023)

This page is for education and general information, not legal advice for a specific case. Law as on 7 November 2026. Check the current e-Jagriti and CCPA notifications before filing.