Bought a defective product? Know where to file a complaint

Online shopping can have its disadvantages. When it comes to defective products, we all face confusion. Unsure about whose fault is it and whom to complain. Is it the manufacturer, seller, online aggregator or the delivery company?

Let us simplify everything for you.

Who is responsible for a faulty product?

[sc_fs_multi_faq headline-0=”p” question-0=”When can you complain about a defective product?” answer-0=”You can complain and seek compensation against a faulty product if it causes physical damage or injury to you. Even if there’s damage to something you own, you can file a complaint.” image-0=”” headline-1=”p” question-1=”How to file a complaint against a defective product?” answer-1=”To be safe, record an unboxing video as soon as you receive your online order. Video evidence will help you establish liability of the manufacturer or the seller.” image-1=”” headline-2=”h2″ question-2=”When can you take legal action against a defective product?” answer-2=”As per the law, to file a consumer case and claim compensation, you have to prove that one of these is true- ” image-2=”” headline-3=”p” question-3=”Where can you file a consumer case?” answer-3=”You can file a consumer case at an appropriate Consumer Disputes Redressal Commission (CDRC). Forums are set up at three levels- District, State and National.” image-3=”” count=”4″ html=”false” css_class=””]Product liability means holding someone responsible for a defect. Legally, the manufacturer and seller, both are responsible for making or selling a faulty product. A manufacturer or seller (or anyone else in the distribution chain) is held responsible for a faulty product-  if it causes injury.

• Manufacturer – The maker or assembler of the raw material and the important parts of the final product. The manufacturer is liable for manufacturing defects like – worms in canned food items, battery heating up or exploding.
• Seller – The retailer or the middleman who further sells the product directly to the consumer. The seller is liable if they knew about the defect and still sell it in the market. The seller is will also be liable if an injury is caused due to modification made to the product by the seller.
• Online aggregator – A middleman between the seller and the consumer. E-commerce platforms which list products from different sellers. If the product was damaged or stored in unsuitable conditions in the aggregator’s warehouse, they are liable.
• Courier service – The company that finally delivers the product to the customer’s doorstep. If the product was shipped in perfect condition throughout the distribution chain and the damage was caused during delivery, then the courier service is liable.

When can you complain about a defective product?

You can complain and seek compensation against a faulty product if it causes physical damage or injury to you. Moreover, even if there’s damage to something you own, you can file a complaint.

Consumer courts entertain cases against defective products only if there’s a damage or injury involved.

How to file a complaint against a defective product?

To be safe, record an unboxing video as soon as you receive your online order. Video evidence will help you establish liability of the manufacturer or the seller.

1. Immediately alert the seller of such a defect. The seller or the online aggregator is your first person of contact. It’s important you complain to them first.
2. Attach video or pictures of the defect. If you have evidence of injury or damage it may have caused, make sure you mention that in your complaint as well.
3. Usually, the seller will assist you in dealing with such a product. You will get a refund or replacement.
4. Remember that the seller or the online aggregator cannot avoid responsibility even if there is a manufacturing defect.
5. Finally, if the seller refuses assistance, you can contact Resolver to escalate your complaint for free.

You also have the option to file a consumer case. In addition to a refund, you may get compensation for an injury caused by a faulty product.

When can you take legal action against a defective product?

As per the law, to file a consumer case and claim compensation, you have to prove that one of these is true- 

• The product has a manufacturing defect
• The product’s design is defective
• There is any deviation from manufacturing specifications
• The sellers do not agree to express warranty
• The product fails to mention adequate instructions for correct use
• The services provided are faulty, imperfect or deficient

Where can you file a consumer case?

You can file a consumer case at an appropriate Consumer Disputes Redressal Commission (CDRC). Forums are set up at three levels- District, State and National.

This can prove to be costly and time-consuming. It may take up to 3 years before you reach a decision through a consumer case. Adopt a better approach to resolve your issue- try our free tool to raise a complaint with an online seller.

You can start your complaint against now.