Can A Consumer Claim Compensation For Inconvenience Caused By A Defective Product?

Consumers who face inconvenience due to a defective product have legal remedies available to seek compensation, depending on the nature of the defect and the circumstances of the purchase. The Consumer Protection Act, 2019, provides a framework for addressing consumer grievances and obtaining compensation for defective goods.

Consumer Rights Under the Law

• Right to Compensation: Consumers can claim compensation for any physical, financial, or psychological inconvenience caused by a defective product. This compensation can cover medical expenses, loss of income, or distress caused by the product malfunction.
• Replacement or Refund: Under the Consumer Protection Act, 2019, consumers have the right to demand a replacement or refund if the product does not meet its promised standard or functionality.
• Filing a Complaint: If a retailer or manufacturer refuses to address the issue, the consumer can file a complaint with the relevant consumer court for redress, including monetary compensation.

Proving Inconvenience

• Documentation: Consumers must provide proof of purchase, any warranties, and details about the defect. Inconvenience must be clearly linked to the product’s defect.
• Evidence of Harm: If the defect caused injury, delay, or financial loss, the consumer must provide evidence such as medical bills, receipts, or expert opinions to substantiate their claim.
• Manufacturer’s Liability: The consumer must demonstrate that the defect was present at the time of purchase and was not caused by external factors or misuse.

Example

If a person buys a refrigerator, and it stops working within a week, causing food to spoil, the consumer should:

• Retain the receipt and warranty card to prove the purchase and any repair promises.
• Document the defect with photos or videos of the refrigerator not functioning properly.
• Reach out to the seller or manufacturer, requesting a replacement or compensation for spoiled food and inconvenience caused. If the request is denied, the consumer can file a complaint under the Consumer Protection Act to seek both a refund and additional compensation for the inconvenience.