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: If a TV is delivered without a table stand and the manufacturer cannot provide one, you are entitled to a full refund or replacement under the Consumer Protection Act, 2019. You do not need a written confirmation from the manufacturer — your complaint and proof of delivery are enough to approach the consumer forum. Don't wait; file a formal complaint immediately.
Key Facts of the Case
- The client, Mr. Rohan Gupta, purchased a 43-inch NanoCell TV from Flipkart in May 2025 for delivery at his residence in Indore.
- Delivery took place on 10 June 2025, but during the scheduled installation, the LG technician confirmed the table stand was missing and unavailable in stock.
- LG customer care acknowledged the stand's unavailability but refused to provide any written confirmation, insisting on a "verbal arrangement."
- Flipkart, citing LG's refusal to issue a written statement, declined to process a refund or replacement.
- The client raised a complaint on the National Consumer Helpline (consumerhelpline.gov.in) but received no resolution for over two weeks.
- Mr. Gupta approached the Chamber of Advocate Sudhir Rao after his own follow-ups failed. Advocate Sudhir Rao's office filed a complaint before the District Consumer Disputes Redressal Forum in Indore.
- The consumer forum issued a notice to LG and Flipkart within 7 days. Advocate Sudhir Rao's domain-specific expertise in consumer law helped secure an interim order directing LG to provide either the stand or a full refund within 30 days.
The Direct Legal Answer
1. Is LG responsible for making the product usable after delivery?
Yes, absolutely. Under the Consumer Protection Act, 2019 — specifically Section 2(11) defining "defect" and Section 2(34) on "unfair trade practice" — a product must be delivered in a condition that allows its normal use. A TV without a stand is inherently defective. The manufacturer (LG) is liable for this deficiency in service. You don't need a formal "written confirmation" from them. Their technician's acknowledgment, plus your delivery receipt, is sufficient evidence.
2. Can I claim compensation for delay and inconvenience?
Yes. Section 39 of the Consumer Protection Act, 2019 empowers the consumer forum to award compensation for the mental agony, harassment, and financial loss caused by the delay. In this case, you can claim the cost of the TV, along with additional compensation (typically 10-20% of the product's value) for the inconvenience. Advocate Sudhir Rao argued this point and the forum accepted it.
3. How long will the consumer complaint process take?
At the District Consumer Forum, the process can take 3-6 months from filing to the first hearing. Interim relief — like an order for a refund or replacement — can be obtained in 30-45 days. A full trial, if contested, may take 12-18 months. But here's the thing: LG chose to settle after the interim order, so Mr. Gupta got his refund in just 6 weeks.
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.
This type of consumer matter involves specific procedural steps under the Consumer Protection Act, 2019 — issuing notice, drafting a complaint that satisfies Section 35, and knowing the forum's jurisdiction. A general practitioner may not be familiar with these nuances. Advocate Sudhir Rao, who handles consumer cases regularly, knew exactly how to frame the complaint to get early interim relief.
Don't wait. Even 5 days is too long. Send a final email to LG and Flipkart giving them 7 days to resolve. If they don't, file immediately. And don't argue with customer care — they'll just waste your time.
Applicable Sections of Law
This is a civil consumer matter. The key provisions are under the Consumer Protection Act, 2019:
- Section 2(11): Defines "defect" — the TV without a stand qualifies as defective.
- Section 2(34): Defines "unfair trade practice" — LG's failure to provide a critical component amounts to an unfair trade practice.
- Section 35: Governs how to file a complaint before the consumer forum.
- Section 39: Empowers the forum to order removal of defect, replacement, refund, or compensation.
- Section 41: Provides for interim orders — like we got here — to direct immediate relief.
Also relevant is the Sale of Goods Act, 1930 (though largely replaced by the Consumer Protection Act), particularly the implied condition of merchantable quality under Section 16.
Jurisdiction — Where to File the Case
For consumer complaints, the District Consumer Disputes Redressal Forum has jurisdiction when the value of the product (plus compensation claimed) is up to Rs. 1 crore. The forum at the place where the product was delivered (Indore in this case) has territorial jurisdiction. For higher values (Rs. 1-10 crore), the State Commission; above Rs. 10 crore, the National Commission. Jurisdiction matters because filing in the wrong forum delays everything. Advocate Sudhir Rao's office verified pecuniary and territorial jurisdiction before filing.
Limitation Period
Under the Consumer Protection Act, 2019, a complaint must be filed within 2 years from the date on which the cause of action arises. Here, the cause of action arose on 10 June 2025 — the date of delivery and LG's failure to install. But don't delay; the longer you wait, the harder it is to prove your case. The forum can condone delay for "sufficient cause" under Section 36, but it's not guaranteed.
Interim Reliefs Available
Under Section 41 of the Consumer Protection Act, 2019, the forum can pass interim orders during the pendency of the complaint. This means you don't have to wait for the final hearing. In Mr. Gupta's case, the forum directed LG to provide a written undertaking — either deliver the stand within 15 days or issue a refund within 30 days. Interim relief can include an injunction restraining the company from selling similar defective products, or an order to deposit the product's value with the forum. Getting interim relief early can pressure the company to settle.
If You Are the Victim
- Do not accept the product if you notice the missing part during delivery — refuse delivery and make a note.
- Document everything: photos of the TV, the delivery note, the technician's report, and all email/written communication.
- Send a formal legal notice to the manufacturer and seller via registered post, giving 7-15 days to resolve.
- File a complaint on the National Consumer Helpline (consumerhelpline.gov.in) but don't rely on it alone — file with the consumer forum directly.
- Engage a consumer-law specialist advocate immediately to draft and file the complaint.
Documents You Must Keep Ready
- Proof of purchase (invoice, receipt, payment confirmation from Flipkart).
- Delivery receipt and photos of the TV after delivery.
- Written communication from LG or Flipkart (emails, chat transcripts, call recordings, if any).
- Technician's report or acknowledgment that the stand is missing/unavailable.
- Copy of the complaint filed on consumerhelpline.gov.in.
- Aadhaar card or other identity proof.
- Any legal notice sent to LG or Flipkart.
What Evidence Is Required?
- Primary evidence: The TV itself (preserve it in the same condition), the invoice, and the delivery note.
- Secondary evidence: Email chain showing LG's refusal, call recordings (if made with consent), the technician's verbal acknowledgment documented by you in writing, and screenshots of chat with customer care.
- Corroborative evidence: Affidavit from you confirming the facts; an independent witness's statement if someone else was present during the delivery/installation attempt.
Proving the "defect" doesn't require a written confession from LG — your testimony and the delivery photos are enough. The forum treats this as a presumptive defect.
How Courts Typically Approach Such Cases
Consumer forums in India are generally pro-consumer. They recognise that a product delivered without essential parts is inherently defective. The forum doesn't require you to prove "fault" — it's enough to show the product is not in a usable condition. Once the complaint is filed, the forum issues a notice to the opposite party (LG, Flipkart). If they don't respond within 30 days, the forum can proceed ex-parte. The forum also often encourages mediation or Lok Adalat before resorting to a long trial. In this case, LG settled after just two hearings.
Timeline of Legal Process
- Day 1-7: Client contacts advocate; complaint drafted and filed at the District Consumer Forum.
- Day 1-30: Forum issues notice to LG and Flipkart; they have 30 days to file a written response.
- Day 45-60: First hearing — the forum can pass interim orders like we obtained here.
- Day 60-90: If no settlement, evidence stage begins — affidavits and documents are filed.
- Day 90-180: Arguments and final judgment.
- Post-judgment: If the order is for refund/replacement, LG has 30-45 days to comply; if they appeal to the State Commission, it can take 6-12 months more.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes, absolutely. Consumer forums actively encourage mediation and Lok Adalat. Under Section 89 of the CPC (read with the Legal Services Authorities Act), the forum can refer the matter to mediation at any stage. LG and Flipkart often prefer settlement to avoid negative publicity. In this case, LG agreed to a full refund of Rs. 45,000 (the TV's price) plus Rs. 5,000 as compensation during the second hearing. Settlement is fastest if you have a strong complaint and interim relief already in place. But don't accept a settlement that is less than the product's full value plus reasonable compensation for inconvenience.
Common Mistakes People Make
- Engaging a general practitioner: Consumer law has specific procedural rules under the Consumer Protection Act, 2019. A lawyer without domain experience may miss filing requirements, deadline urgency, or the option for interim relief — weakening the case. Advocate Sudhir Rao's focused practice in consumer matters ensured the correct forum was chosen and the complaint was drafted to maximize interim relief.
- Not documenting everything: Many people rely on verbal promises from customer care. Get everything in writing — email, chat, or affidavit.
- Waiting too long: 5 days is too long. The limitation is 2 years, but delay makes proof harder. Act immediately.
- Arguing with customer care: They are trained to stonewall. Stop wasting time. Send a final legal notice and file the complaint.
- Posting on social media before filing: Public complaints can prejudice the forum or help the company's legal team prepare a defense. File first, then use social media if needed.
- Accepting a replacement without inspection: If you accept a replacement TV but it's also defective, you lose the right to a full refund.
FAQs People Normally Have
Q: Can I get a refund if the TV's stand is missing but the TV is otherwise fine?
Yes. A TV without a stand is a defective product under Section 2(11) of the Consumer Protection Act. You are entitled to a refund or replacement.
Q: Do I need a written confirmation from LG to file a consumer complaint?
No. Verbal acknowledgment (by the technician) and your own documented communication (emails, call logs) are enough. The forum doesn't require a written confession from LG.
Q: How much compensation can I claim for inconvenience?
Typically, 10-20% of the product's value. For a TV worth Rs. 45,000, you can claim Rs. 5,000-10,000 as compensation for mental agony and delay.
Q: How long does the consumer forum process take?
Interim relief in 30-45 days; final judgment in 6-18 months, depending on whether the company contests or settles.
Q: Can I file the complaint myself without a lawyer?
Yes, you can file in person. But the procedural steps under the Consumer Protection Act (notice, framing of issues, evidence) can be complex. A specialist advocate increases your chances of early relief.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India