One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A seven-day return window is the platform's own policy. It isn't a legal deadline, and it doesn't wipe out your right to a remedy when a new product fails weeks later. You can file a consumer complaint against both the manufacturer and the e-commerce platform, and the limitation is two years from the date the defect showed up.
The television was installed on the afternoon of 12 March 2025, and for a fortnight it did exactly what the brochure promised. Then, on the evening of 28 March, the screen went black in the middle of a match. No picture. No sound. Not even a standby light. Nobody had dropped it, nothing had been spilled on it, and the wall mount was still level.
Nikhil Bhatia, who lives in a two-bedroom flat in Baner, Pune, did what any buyer would do. He rang the helpline printed on the carton. Nobody picked up. He then tried the company's WhatsApp service bot, which sent the same automated reply three times and never assigned a technician. Two weeks of that, and it was clear the brand had gone quiet.
The platform was no better. A support agent told him, politely, that Snapdeal carried no responsibility once the return window closed and that his fight was with the manufacturer.
He filed a grievance on the National Consumer Helpline and emailed both companies, giving them twenty-four hours. Nothing moved. He then approached the Chamber of Advocate Sudhir Rao, where the file was built as a deficiency-of-service claim instead of a warranty argument. Advocate Sudhir Rao's experience in consumer matters helped secure an order in the client's favour, covering the price of the set and compensation.
Key Facts of the Case
- Goods: an Intex 80 cm (32-inch) LED television, bought on the Snapdeal marketplace.
- Delivered and installed: 12 March 2025.
- Failed: 28 March 2025, under normal indoor use, with no physical damage.
- Brand response: helpline unanswered, WhatsApp bot gave only automated replies, no technician assigned.
- Platform's stand: no liability once the seven-day return window lapsed.
- National Consumer Helpline grievance filed, plus written escalation emails to both companies.
- Proposed opposite parties: the manufacturer and the e-commerce platform.
- Reliefs sought: refund of the price paid, or replacement, plus compensation for costs and harassment.
The Direct Legal Answer
Does the seven-day return window end my rights?
No. A return window is a commercial policy the marketplace sets for itself. It is not a statutory bar, and it has nothing to do with the manufacturer's warranty or with your rights under the Consumer Protection Act, 2019. A defect that appears on day sixteen is still a defect.
Who do I proceed against, the brand or the platform?
Both, normally. The manufacturer is liable for a defective product. A marketplace can be brought in where the defect flows from its service, where it made misleading claims about the product, or where it fails its duties as an e-commerce entity.
Can I demand a refund instead of a repair?
You can ask. Whether you get it depends on the nature of the defect, the number of failed repairs and what the commission considers reasonable. Replacement and refund are both listed reliefs.
Where should the consumer complaint be filed?
Before the District Consumer Disputes Redressal Commission where you live or work, or online through e-Daakhil.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Keep a written trail from day one. Every call should be followed by an email, and every email should carry the date of purchase, the order number and a one-line description of the fault.
Don't accept a repair offer in writing without recording that it is without prejudice to your claim for replacement or refund if the fault repeats.
Matters like this turn on procedural and evidentiary detail, from how the product's failure is documented to how the platform's duty is framed. Advocates who handle consumer matters regularly tend to move faster here than a general practitioner who meets the Act once a year.
Applicable Sections of Law
The complaint sits under the Consumer Protection Act, 2019. Section 2(11) defines a deficiency in service, and Section 2(47) defines an unfair trade practice. Section 35 is the provision under which a consumer files before the District Commission. Section 39 lists the reliefs that commission can grant, including replacement, refund and compensation. Section 69 fixes the limitation.
Chapter VI of the Act creates a separate product liability action. Section 82 allows a complainant to proceed against a manufacturer, seller or service provider, Section 84 covers the manufacturer's liability and Section 86 the seller's.
Section 16 of the Sale of Goods Act, 1930 supplies the implied condition that goods are reasonably fit for their purpose. The Consumer Protection (E-Commerce) Rules, 2020 govern marketplace platforms.
Jurisdiction — Where to File the Case
Pecuniary jurisdiction is decided by the consideration paid. The District Commission hears matters up to one crore rupees, the State Commission above that up to ten crore rupees, and the National Commission beyond ten crore rupees. A television claim will sit before the District Commission.
Territorial Jurisdiction — Which Commission Hears ItThree places are open to you. You can file where the opposite party works or carries on business, where the cause of action arose — in practice, where the goods were delivered and failed — or where you live or personally work for gain. That last option is the one the 2019 Act made explicit, and it matters. A marketplace can no longer push a buyer to litigate in the seller's home city. Bhatia could file in Pune and never travel.
The pecuniary slabs have moved since the Act was passed. Rules notified in December 2021 reset them, and the District Commission now hears claims up to fifty lakh rupees, the State Commission between fifty lakh and two crore, and the National Commission above that. A television claim sits well inside the District Commission either way.
How the Process Actually Runs
You draft a complaint — a plain statement of facts, the deficiency alleged, the reliefs sought, and a list of documents with an index. It goes to the District Commission either physically or through the e-Daakhil portal, along with the prescribed fee, which is nominal and in the lowest slab can be nil.
The commission then takes up the complaint for admission. If it is admitted, notice goes to every opposite party named. They file their written version, ordinarily within thirty days of receiving notice, extendable by another fifteen on reasons recorded in writing. Once pleadings close, both sides file evidence by affidavit and the matter is argued.
The statute asks the commission to endeavour to decide within three months of notice, extendable by forty-five days, or five months where the complaint needs testing of evidence. Adjournments and service delays eat into that. Treat the statutory timelines as an aspiration, not a schedule.
Limitation — The Two-Year Window
Section 69 gives you two years from the date the cause of action arose. In a defect case that is usually the date the fault appeared, or the date the company finally refused to fix it. Miss it and you can apply for condonation, but you have to explain the delay convincingly. A consumer commission is not the forum for a three-year-old grudge with no explanation attached.
The seven-day return window and the two-year limitation are unrelated things, and mixing them up is the single most common reason people let a good claim die. One is a private policy. The other is law.
Documents to Gather Before You File
- The tax invoice, plus the order confirmation email and payment record.
- The warranty card or the warranty terms as displayed on the product page when you bought it.
- Any installation or delivery report.
- A photograph or short video of the fault, taken on the day it appeared, with the date visible.
- Your complaint reference number from the National Consumer Helpline and any escalation emails.
- Chat logs, screenshots of the support ticket, and the service job sheet if a technician did visit.
- Any written refusal — even a support email saying the matter is closed.
If the technician came and wrote "voltage fluctuation, not covered", that sheet is evidence against you as much as for you. Read it before you file, not after.
The Defences You Should Expect
The first is the return window, and it is the weakest of the lot. A platform's own policy cannot shrink a statutory remedy.
The second is the warranty's fine print — the standard exclusions for physical damage, water, surge and unauthorised repair. This is worth taking seriously. If the failure is traceable to something in that list and you cannot show otherwise, your case narrows to whether the product was fit for its purpose when sold.
The third is the arbitration clause buried in the marketplace terms of use. An arbitration clause does not bar a consumer from approaching a consumer commission; the commission's jurisdiction under the Act is a statutory one and is not taken away by a private agreement. Marketplaces nonetheless raise it routinely, and it has to be answered.
The fourth is the platform saying it is only an intermediary. That argument has force on the sale itself, but it goes thin where the platform made claims about the product, ran the support process, or failed its obligations as an e-commerce entity under the 2020 Rules.
Where a Claim May Not Be Worth It
Some files should be closed early. If the unit was refurbished or bought from an unauthorised seller, if the damage followed a visible power surge, if the fault cannot be reproduced at all, or if the brand has already offered a full refund and you are only disputing the speed — there may be little left to argue beyond getting the refund enforced. A commission will not award compensation for the annoyance of a slow call centre on its own.
Equally, a minor fault with a functioning repair already done and a warranty still running often ends better with a written repair record than with a complaint. The complaint becomes useful when the repair fails twice and the same fault returns.
What Reliefs Are Available
Under Section 39 the commission can direct removal of the deficiency, replacement of the goods, refund of the price, compensation for loss or injury suffered, and costs. Punitive damages and corrective action are also on the list where the conduct justifies it. In a defective-appliance case the realistic order is refund or replacement, plus compensation and costs. Ask for all of it in the prayer; there is no penalty for asking and no second chance later.
Frequently Asked Questions
Does the seven-day return window end my legal rights?
No. It is a commercial policy. Your rights under the Consumer Protection Act, 2019 and under the warranty run on their own terms, and the limitation is two years from when the defect appeared.
Can I file the complaint in my own city?
Yes, if you reside or work for gain there, or if the cause of action arose there. You do not have to travel to the manufacturer's or seller's location.
What if the company offers a repair instead of a refund?
Accept the repair if it fixes the problem, but put in writing that acceptance is without prejudice to your claim for replacement or refund if the fault recurs. Two failed repairs of the same fault is a strong platform for asking for a refund.
Do I need a lawyer for a consumer complaint?
You are entitled to appear yourself, and small claims are often filed without an advocate. The calculation changes where the opposite parties are represented, where service or jurisdiction is disputed, or where the platform is running an intermediary defence. On this file, that calculation was straightforward. On yours, it may not be.
What if I have lost the invoice?
A bank statement, the order confirmation email, the delivery OTP record and the warranty card together usually establish purchase. It is harder, but not impossible. Replacement of the actual invoice with a fresh one from the seller is the cleaner route.
How long does it take and what does it cost?
There is no honest single answer. Commission fees are nominal. A contested matter with two opposite parties, service issues and a written version can run well past a year. Undefended or settled matters close far sooner.
Can I claim against the brand if I bought from a third-party marketplace seller?
Yes. Product liability under Chapter VI of the Act lets you proceed against the manufacturer, and you can join the seller and the platform as opposite parties in the same complaint.
What to Do This Week
Two steps, in this order. First, send one email to both the brand and the platform, marking it as a final notice: the invoice number, the date of purchase, the date of failure, the complaint reference from the helpline, and a line asking for a refund or replacement within fifteen days. Keep it short and keep it civil. Second, collect the documents listed above in one folder — the order confirmation, the invoice, the warranty terms as they appeared on the product page, and the support correspondence.
Then send that folder, or a two-line note describing the goods, the price, the date of failure and what each company has said so far, to /contact-us or book a slot at /book. The order confirmation and the first written refusal are the two documents that decide how strong the file is; bring those even if nothing else is ready.
This article is general information about Indian law and is not legal advice on your own situation. Facts differ, and so do outcomes.
Advocate Sudhir Rao, Supreme Court of India