By S&S Co. Advocates & Solicitors · Published 29 September 2026 · Informational content, not legal advice. See our disclaimer
What Counts as a 'Defect' Under the Act
Under the Consumer Protection Act, a 'defect' means a fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard of goods that is required to be maintained under any law or contract, or as claimed by the trader. This covers both a manufacturing fault and a mismatch between what was promised and what was actually delivered.
Relief a Consumer Forum Can Order
For defective goods, a consumer forum can direct removal of the defect, replacement of the goods with new goods of similar description free from defect, refund of the price paid, and compensation for any loss or injury suffered due to the negligence of the opposite party. Which of these is actually granted depends on what is specifically pleaded and proved: a complaint should clearly state the relief sought rather than leaving it to the forum's general discretion.
Warranty Terms Don't Override Statutory Rights
A warranty or guarantee document sets out the manufacturer's or seller's contractual commitment, but it does not extinguish a consumer's underlying statutory rights under the Consumer Protection Act. Even where a warranty has technically expired or a specific repair was outside its scope, a consumer may still have a claim if the underlying defect reflects a genuine manufacturing or quality shortcoming rather than ordinary wear and tear.
Repeated Repair Attempts
Where goods are repaired multiple times for the same underlying issue without a lasting fix, this pattern itself often strengthens a claim for replacement or refund rather than a further repair attempt, since it demonstrates the defect is not being genuinely cured. Keeping a dated record of each repair visit and the issue reported each time is valuable evidence.
E-Commerce Purchases
Where goods are purchased through an e-commerce platform, consumer forums have increasingly held platforms jointly accountable alongside the actual seller for facilitating the sale, particularly where the platform played an active role in the transaction, payment, and grievance process. A complaint naming both the seller and the platform is often a stronger approach than pursuing either alone.
Frequently Asked Questions
Can I get a refund even if my product's warranty has expired?
Possibly: a warranty's expiry does not by itself extinguish a consumer's statutory rights if the underlying defect reflects a genuine manufacturing or quality shortcoming rather than ordinary wear and tear.
What if the seller keeps repairing the same issue without fixing it?
A documented pattern of repeated, unsuccessful repairs for the same issue is strong evidence supporting a claim for replacement or refund rather than yet another repair attempt.
Can I sue the e-commerce platform, not just the seller?
Yes. Consumer forums have increasingly held e-commerce platforms jointly accountable where they play an active role in the sale, and naming both is often a stronger strategy.
What documents should I keep?
Purchase receipt or invoice, warranty card, and a dated record of every service visit or complaint raised, including what issue was reported and what was done each time.
References & Further Reading
This article references the following statutes and general principles. It is educational content, not advice on any specific complaint.
- Consumer Protection Act, 2019, Section 2(10) (definition of 'defect'; Section 39) relief available.
- See our Consumer Protection practice area and related Product Liability guide for further reading.