What Should I Do if a Product Is Defective?

A defective product is frustrating, but the way you document the problem and complain in writing decides how far you can take it if the seller does not help.

What This Guide Covers

This guide covers:

What to preserve before you contact the seller.

How to make a complaint that gets results.

How to escalate when the seller does not respond.

When a consumer complaint may be the right route.

Preserve the Product and the Records

Before contacting anyone, preserve what you have: the product in its current condition, photographs of the defect, the invoice or receipt, order confirmation, warranty or guarantee documents, and packaging where useful. The invoice is the single most important document in most consumer matters, and the product itself is the evidence.

Complain in Writing to the Seller

1Describe the defect, when the product was bought, and what you want: replacement, repair or refund.

2Attach or refer to your photographs and invoice details.

3Send the complaint through a channel that gives you a record: e-mail, a written letter, or the platform’s complaint system.

4Keep a copy of the complaint and note the date and reference number.

Escalate Within the Company

If the seller does not respond or the response is not satisfactory, escalate through the company’s customer care escalation channels, and mention your previous complaint reference. A calm, written escalation with your evidence attached is more effective than repeated calls. If you bought through a marketplace or platform, the platform’s resolution centre is the next step in many cases.

Consider a Consumer Complaint

If the matter remains unresolved, consumer law provides a route for complaints about defective products and deficient services. Whether a complaint lies, and in which forum, depends on the value of the matter, the applicable rules, and the facts. Depending on the circumstances, a legal notice to the seller is also a step that often brings a response. Before choosing a route, make sure your documents are complete, because the record you have kept is what your case rests on.

What to Keep Ready

Invoice or receipt; order confirmation and payment record; photographs of the defect; warranty or guarantee documents; all e-mails and messages with the seller; and a written note of the dates of every complaint and every response. A complete file makes every subsequent step faster and stronger.

Key Points to Remember

✓Product preserved and defect photographed.
✓Invoice, order and payment records safe.
✓Written complaint to the seller with a reference.
✓Escalation within the company or platform.
✓Consumer complaint route considered with documents ready.

Common Questions

Quick answers to the questions people most often ask about what to do if a product is defective.

1. Do I need the invoice to complain?

You do not need it to ask, but it is the strongest proof of purchase and it is usually required to pursue a formal complaint. Keep the invoice, order confirmation and payment record for every product that matters.

2. What if the seller does not respond?

Escalate within the company and to the platform if you bought online. If the matter remains unresolved, a consumer complaint route may be available depending on the value and the facts, and a legal notice is also an option in appropriate cases.

3. Is a second-hand purchase covered?

It depends on what was represented at the time of sale and the facts of the transaction. The scope of protection for second-hand purchases is narrower and depends on the applicable law, so the documents and what was promised matter.

4. What is deficiency in service?

Deficiency in service means a service that was not provided as agreed or expected, such as a service provider not completing the work or doing it improperly. Consumer law treats defective products and deficient services separately, and both can be raised where they apply.

5. Can I claim a refund?

A refund may be claimable depending on the seller’s policy, the applicable law and the facts, including whether the defect is real, whether you documented it, and what the seller offered. The outcome of any dispute depends on the evidence, so keep everything in writing.

Related Information

Related practice area: Consumer Law →

Related legal terms: Consumer, Defect, Deficiency in Service, Consumer Complaint

Need Help With This?

Every matter is different. If you are dealing with a situation like the one in this guide, a conversation about your specific facts can help you decide the right next step.

Contact Gyanendra Singh →

This guide provides general information and does not constitute legal advice. Laws change, and their application depends on the facts of a matter. For advice on your specific situation, consult a qualified lawyer.