Defective car, bike, phone or appliance: consumer complaint for a manufacturing defect
When a new vehicle, phone or appliance keeps failing: warranty records, expert opinion, laboratory testing, and replacement or refund through the Consumer Commission.
In short
Keep a record of every complaint and job card. If the same defect returns despite repairs under warranty, send a legal notice to the dealer and the manufacturer and file a consumer complaint for repair, replacement, refund or compensation. Where the defect is disputed, the Commission can send the product for laboratory testing.
What counts as a defect
The Consumer Protection Act, 2019 defines a defect as any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard of goods. A recurring problem in a new product, or one that makes it unfit for its purpose, can be a defect. Normal wear and tear, or damage caused by misuse, is not.
Build your evidence
- The invoice and the warranty card
- Every job card or service record, showing the date, the complaint and the work done. Repeated job cards for the same problem are strong evidence.
- Emails, call references and chats with the dealer, service centre and manufacturer
- Photos and videos of the problem
- An independent mechanic’s or technician’s report on the cause
- Written reasons for any refusal of warranty, such as alleged physical or liquid damage
Who to proceed against
Usually the dealer or seller, the manufacturer and, where relevant, the authorised service centre. The manufacturer is responsible for a manufacturing defect even if you bought from a dealer.
What the Commission can order
- Removal of the defect
- Replacement with new goods of the same description, free of defect
- Refund of the price, with interest
- Compensation for loss or injury, and costs
If a defective product causes injury or damage to property, a product liability claim can also be made against the manufacturer, seller or service provider under Chapter VI of the Act.
Testing and expert evidence
Where a defect cannot be decided without analysis, the Commission can send a sample to an appropriate laboratory, which is to report within 45 days. For vehicles, Commissions often expect expert evidence of a manufacturing defect. Repeated repairs of the same problem within the warranty period help show that it is not a one-off fault.
Time limit
File within two years from when the cause of action arose, for example the final refusal to repair or replace. Do not let the warranty lapse without written complaints on record.
Common questions
Can I get a replacement for a defective new car or bike?
If the Commission finds a manufacturing defect, it can order the defect removed, the vehicle replaced, or the price refunded with interest, along with compensation and costs. Expert evidence and repeated job cards help.
What if the service centre refuses warranty saying physical or liquid damage?
Ask for the reasons and the inspection report in writing. If you dispute them, an independent technician's report and the Commission's power to order laboratory testing are your main tools.
Who should I file the consumer complaint against for a defective product?
Usually the dealer or seller, the manufacturer and, where relevant, the authorised service centre.
This guide is general information on Indian law as of 10 October 2026 and is not legal advice. Rules, limits and fees change, so check the current position. For advice on your own facts, consult an advocate.