How-To · Consumer Protection · Last verified October 2026

How to File a Consumer Case for a Defective Product (2026)

Updated for 2026 · Claw Editorial

A defective product is one of the clearest consumer wrongs there is, and the Consumer Protection Act, 2019 gives you real teeth to fight it. You can demand that the thing be repaired, replaced or your money returned, and where a defect has caused injury, loss or damage, you can bring a product liability action for compensation against the people responsible for it. The key is to file in the right forum, against the right party, with the right proof. This guide, for ordinary buyers, explains who you can sue, which consumer commission to approach, how to file online, and what evidence wins. It is general information, not legal advice. Last verified October 2026.

01The short answer

You file a consumer case for a defective product like this:

• Complain in writing to the seller or manufacturer first, and keep the reply or the silence as a record.
• Pick the commission by value: District up to Rs 50 lakh, State above that up to Rs 2 crore, National above Rs 2 crore.
• File on e-Jagriti, the online consumer filing portal, stating the defect, the party responsible and the relief you want.
• Claim compensation through a product liability action where the defect caused injury or loss, not just repair or refund.

Do it within two years of the problem arising. The strongest cases are built on simple proof: the invoice, the warranty and clear evidence of the defect.

02Defect, deficiency and product liability

The Act separates two ideas. A defect in goods is a fault, imperfection or shortcoming in the quality or standard of a product. A deficiency in service is a shortfall in a service. A defective product is about goods, so it is the defect route.

The 2019 Act added a powerful tool: product liability, in Chapter VI (Sections 82 to 87). This lets you claim compensation for harm caused by a defective product, personal injury, property damage or other loss, not merely a replacement. A manufacturer can be liable for a manufacturing defect, a design defect, a product not conforming to specifications, a breach of an express warranty, or inadequate instructions or warnings. So a defective pressure cooker that burst and injured you is both a defect and a product liability claim.

03Who you can sue

Under the product liability chapter you are not limited to the shop you bought from. Section 83 lets a complaint be brought against the product manufacturer, the product service provider, or the product seller, as the case may be.

• The manufacturer (Section 84) is liable for defects in making or design, non-conformance to specification, a breach of express warranty, or inadequate warnings, and stays liable on a warranty even without negligence.
• The seller (Section 86) can be liable in defined situations, for example where it altered the product or where the manufacturer cannot be reached.
• The service provider (Section 85) is liable for faulty service, negligence or inadequate instructions.

In practice, you often name the seller and the manufacturer together, so the forum can fix responsibility where it belongs.

04Which commission to file in

You file before a Consumer Disputes Redressal Commission, and which one depends on the value of the goods or services paid plus the compensation claimed:

These bands are set by the 2021 Jurisdiction Rules. You can also file where you live or work, not only where the seller is, which makes a consumer case far easier to pursue. For the general process across any consumer dispute, see how to file a consumer complaint.

05How to file, step by step

The process is designed for ordinary people and does not need a lawyer, though one helps in a serious product liability claim.

• Write to the seller or manufacturer first. Set out the defect and what you want. This is both fair and good evidence.
• Draft the complaint. State your details, the opposite party, the facts, the defect, the relief claimed and the value. A ready format helps: see a consumer complaint format.
• File online. Register and file on the e-Jagriti portal, upload the documents and pay the fee, which is modest and scales with the value.
• Serve and attend. The opposite party is served and must reply; then there are hearings. For the online filing route in detail, see how to file a consumer complaint online.

06Evidence that wins

A defective product case is proved on documents and the product itself. Keep:

• The invoice or bill, which proves you bought it and fixes the value.
• The warranty or guarantee card and any written assurance of quality.
• The product and clear photos or video of the defect; do not throw it away.
• Proof of harm: medical records if it injured someone, or repair estimates and loss if it damaged property.
• Your complaint to the seller and their reply.

Where a defect is technical, an expert or laboratory report can be decisive, and a commission can order the product to be tested. Preserve the item in the state it was in when it failed.

07Reliefs you can ask for

A consumer commission can order a range of reliefs for a defective product, so ask for what fits the harm:

• Repair of the defect, or replacement with a new product of the same kind.
• Refund of the price paid.
• Compensation for loss or injury, which is where the product liability route matters.
• Removal of the defect, discontinuance of an unfair practice, and costs of the case.

A defective product is not just a refund. Where it injured you or damaged property, a product liability action lets you claim compensation for the harm.

Commissions regularly award the refund or replacement with compensation and costs where a product was genuinely defective.

08Time limit

File within two years of the date the cause of action arose, which is the limitation set by Section 69 of the Act. A commission can condone a delay if you show sufficient cause, but do not count on it. The safe course is to complain to the seller quickly and file well inside the two years.

The two year clock usually starts when the defect shows up or your written complaint is refused, not from the date of purchase, but keep the dates tight to avoid a limitation fight.

09Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

Drafting and arguing the consumer complaint is for you and, in a serious claim, your adviser; Claw does not file it. Where Claw helps is research and in tracking the matter once it is before a commission. Claw tracks consumer commission matters and the appeals that follow to the State Commission, the National Commission and the higher courts, across 9,102 courts, benches and forums, with alerts and monitoring, so a consumer or an adviser sees every movement in a case. Its Legal GPT researches across 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, so you can see how commissions and courts have decided comparable defective product and product liability cases. Results return in under 5 seconds, and Claw does not train its AI models on your documents. To check whether a manufacturer or seller already has consumer litigation on record, run a case search across Indian courts by company name. A clean result means nothing was found on the forums and date searched, not that nothing exists, and this is general information, not legal advice.

Related reading: how to file a consumer complaint, a consumer complaint format, and how to check a consumer case status.

10Sources and further reading

• India Code (Consumer Protection Act, 2019): indiacode.nic.in
• Department of Consumer Affairs: consumeraffairs.nic.in
• e-Jagriti (consumer case filing and status): e-jagriti.gov.in
• Claw: clawlaw.in

This guide is general information, not legal advice. The forum, fee and reliefs turn on your facts and the current rules; take advice for a serious product liability claim.

11Frequently asked questions