“No return, no exchange”? Not for faulty goods.

First, the shop must show its policy.

Before you pay, on a sign where you buy.

“Return and refund policy of a seller shall be disclosed to the buyer clearly before the transaction is completed by means of a sign at the point of purchase.”

Punjab Consumer Protection Act 2005 · Section 20, Return and refund policy

Faulty? No board can stop you.

Section 12: no contract, no notice.

“The liability of a person by virtue of this part to a consumer who has suffered damage shall not be limited or excluded by the terms of any contract or by any notice.”

Punjab Consumer Protection Act 2005 · Section 12, Prohibition on exclusions from liability

What counts as faulty?

Section 4: one of four defects.

• Made wrongA defect in how it was built or what it is made of (s.5).
• Designed wrongA defect in its design (s.6).
• No proper warningAn adequate warning was not given (s.7).
• Breaks the warrantyIt does not match the maker’s express warranty (s.8).

Bought online? Same law.

The definition of consumer says so.

• CoveredOnline orders, teleshopping, direct selling and multi-level marketing.
• WhereSection 2(c), Explanation, Punjab Consumer Protection Act 2005.
• Not coveredBuying to resell, or for a commercial purpose.

Step 1: a written notice.

Section 28: no notice, no case.

• To whomThe maker, or a seller the law treats as one: own label, controls quality, or gives a foreign brand’s warranty (s.2(h)).
• What to sayWhat is wrong, and that they fix it or pay damages (s.28(1)).
• 15 daysThey must reply within 15 days (s.28(2)).
• Keep proofThe court needs proof the notice was delivered (s.28(3)).

The clock: 30 days.

From the day you learn it is faulty.

• StartsWhen you come to know of the defect.
• Inside itSend the notice, give the 15 days, then file the claim.
• The courtSupreme Court, Civil Appeal 797 of 2017, 23 May 2023.

Missed it? There is a hard limit.

Section 28(4), the provisos.

• Good reasonThe Consumer Court can allow a late claim for sufficient cause.
• With a warrantyNot beyond 60 days after the warranty ends.
• No warrantyNot beyond one year from the date of purchase.

What the court can order.

Section 31: one or more of these.

• Fix the defect
• Replace it with a new one
• Return the price you paid
• Compensation, damages and costs, lawyer’s fees includedIf the only loss is that it stopped working, damages are limited to the price (or part of it) and costs (s.10).

Quick quiz. What first?

Guess first, then swipe for the answer.

• A. Give up, the board decides
• B. A written notice, then the Consumer Court
• C. Wait until the warranty ends

Answer: B. Notice first.

Then the Consumer Court, inside 30 days.

• Keep the bill and the box
• Written notice, with proof it was delivered
• 15 days for their reply
• Claim filed within 30 days of finding the fault

Sources

• Punjab Consumer Protection Act 2005 · Section 20
  Return and refund policy
• Punjab Consumer Protection Act 2005 · Section 12
  Prohibition on exclusions from liability