Consumer Protection | Computers | Defective Goods

Consumer Complaint for Old, Used or Defective Computer Sold as New

Updated complaint specimen for a purchaser alleging that a seller supplied an old, used, non-working, defective or materially misdescribed computer or component while representing it as new, and later refused replacement or refund.

Current law: new complaints are governed by the Consumer Protection Act, 2019, not Section 12 of the repealed 1986 Act. Section 35 governs presentation of a complaint, Section 2 contains the definitions of consumer, complaint, defect, deficiency and unfair trade practice, Section 39 sets out important relief powers, and Section 69 governs limitation.

Current legal framework

Defective goodsSection 2(10) treats a fault, imperfection or shortcoming in the required or represented quality, quantity, potency, purity or standard of goods as a defect.
Unfair trade practiceRepresenting an old, used, reconditioned or materially different product as new may, depending on the evidence, support a claim of unfair trade practice or misrepresentation under the 2019 Act.
Section 35 complaintA qualifying complainant may file a written consumer complaint before the competent Consumer Commission, including through the current online filing system.
Section 39 reliefDepending on proof, the Commission may order removal of defects, replacement, refund, compensation, discontinuance of unfair trade practice, costs and other statutory relief.
Section 69 limitationA complaint is generally required within two years from the date the cause of action arose. Delay may be condoned for sufficient cause recorded by the Commission.
Current pecuniary limitsUnder the 2021 Jurisdiction Rules: District Commission up to ₹50 lakh; State Commission above ₹50 lakh up to ₹2 crore; National Commission above ₹2 crore, based on consideration paid.
Commercial-purpose issue: the original specimen used a private limited company engaged in the computer business as complainant. Under Section 2(7), a person who obtains goods for resale or a commercial purpose is ordinarily excluded from "consumer"; the statutory exception concerns goods used exclusively to earn livelihood by self-employment. A company or business buyer should therefore plead consumer status only if the actual facts and law support it. Otherwise, civil/commercial contractual remedies may be the appropriate route.

Updated consumer complaint format

BEFORE THE DISTRICT / STATE / NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION AT ____________
CONSUMER COMPLAINT NO. ____ OF 20__

IN THE MATTER OF:

Name of Purchaser / Complainant
Address: ____________________________________________
Email/Mobile: ________________________
...COMPLAINANT

VERSUS

1. Name of Seller / Proprietorship / Company
Address: ____________________________________________

2. Other necessary opposite party, if any
Address: ____________________________________________
...OPPOSITE PARTY/IES

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019 FOR SUPPLY OF OLD / USED / DEFECTIVE COMPUTER OR COMPONENT AS NEW

MOST RESPECTFULLY SHOWETH:

1. STATUS OF THE COMPLAINANT

The Complainant purchased the computer/computer component described below for personal use / household use / self-employment for earning livelihood and paid consideration of ₹____________. The Complainant therefore claims to be a "consumer" within Section 2(7) of the Consumer Protection Act, 2019.

If the purchaser is a company or business: replace the preceding paragraph with facts showing why the purchase was not for resale or a commercial purpose. Do not merely reproduce a company cause title without addressing maintainability.

2. DETAILS OF PURCHASE

ParticularDetails
Seller________________
Invoice / Bill No.________________
Date of purchase________________
Product / componentCPU / processor / motherboard / complete computer / other
Brand / model / serial number________________
Price paid₹ ________________
Warranty represented________________

3. On ____________, the Opposite Party represented the product as new and sold/delivered it to the Complainant against Invoice/Bill No. ____________. The invoice and proof of payment are annexed as ANNEXURE C-1 (COLLY).

4. The product supplied was described as for example, Intel Core i3 processor / complete computer system with specifications. The material specifications represented at the time of sale were ____________________________________________.

3. DEFECT / MISDESCRIPTION DISCOVERED

5. On the same day / within ____ days, the system/product developed the following problem: would not boot / processor failed / hardware malfunction / serial or warranty records indicated prior use / physical condition showed earlier use / other defect.

6. The Complainant had the product inspected by authorised service centre / qualified technician / manufacturer support. The inspection indicated that state the objective finding. The report/service record, if available, is annexed as ANNEXURE C-2.

7. The Complainant therefore alleges that the product sold as new was in fact old / used / reconditioned / defective / materially different from the invoiced model. This allegation is based on serial-number verification, warranty status, service report, physical evidence, manufacturer record or other evidence.

4. REQUEST FOR REPLACEMENT / REFUND

8. On ____________, the Complainant approached the Opposite Party and requested replacement / refund / repair. The Opposite Party refused / alleged physical damage / agreed to replace / retained the component.

9. If the product/component was handed over for replacement, the Opposite Party issued Receipt/Job Sheet No. ____________ dated ____________. The receipt is annexed as ANNEXURE C-3. Any incorrect description appearing on that receipt should be specifically identified and supported by the original invoice/specification evidence.

10. After retaining the product, the Opposite Party failed/refused to provide the promised replacement/refund on ____________ and communicated that state actual response.

5. WRITTEN COMPLAINTS AND NOTICE

11. The Complainant sent complaints/emails/messages dated ____________ requesting resolution. Copies are annexed as ANNEXURE C-4 (COLLY).

12. A legal/demand notice dated ____________ was also served, where applicable, calling upon the Opposite Party to replace the product or refund the price. The notice and proof of delivery are annexed as ANNEXURE C-5 (COLLY).

6. DEFECT AND UNFAIR TRADE PRACTICE

13. The Complainant submits that supplying a product materially different from the description or represented condition constitutes a defect and, where an old/used product is knowingly represented as new, may constitute an unfair trade practice. The refusal to honour an established replacement/refund obligation is also relied upon to the extent supported by the invoice, warranty terms, communications and evidence.

14. The Complainant has suffered loss of use, repair/diagnostic expense, travel expense, loss directly attributable to the defect, inconvenience or mental agony. The monetary consequences claimed are set out below and are supported by documents where available.

7. JURISDICTION

15. Pecuniary jurisdiction. The value of goods/services paid as consideration is ₹____________. The complaint is therefore filed before the District / State / National Commission under the Consumer Protection Act, 2019 read with the 2021 Jurisdiction Rules.

16. Territorial jurisdiction. This Commission has jurisdiction because the Opposite Party resides/carries on business / the transaction took place / the cause of action wholly or partly arose / the Complainant resides or personally works for gain within the legally applicable territorial limits.

8. LIMITATION

17. The cause of action arose on ____________ when the defect/misdescription was discovered and/or when the Opposite Party finally refused replacement/refund. The complaint is within the period prescribed by Section 69. If delay condonation is required, a separate application showing sufficient cause shall be filed.

9. RELIEFS CLAIMED

ReliefAmount / Details
Replacement with a genuinely new conforming product, OR refund₹ ____________
Interest on refund, if claimed____% p.a. / rate sought with basis
Proved diagnostic / incidental loss₹ ____________
Compensation for proved inconvenience / mental agony₹ ____________
Litigation costs₹ ____________

PRAYER

In view of the above, the Complainant respectfully prays that this Hon'ble Commission may be pleased to:

a. direct the Opposite Party to replace the disputed computer/component with a new product conforming to the represented description and specifications, or alternatively refund ₹____________;

b. award interest on the refundable amount at such rate and for such period as this Hon'ble Commission considers just and lawful;

c. award ₹____________ as compensation for proved loss, inconvenience and mental agony resulting from the defect/unfair trade practice;

d. award ₹____________ as litigation costs;

e. direct discontinuance of the unfair trade practice complained of, if established; and

f. grant such further relief under Section 39 and other applicable provisions as this Hon'ble Commission considers just and proper.

COMPLAINANT

THROUGH

ADVOCATE / AUTHORISED REPRESENTATIVE, IF ANY

Place: ____________
Date: ____________

VERIFICATION

I, name, the Complainant above named, verify that the factual statements in paragraphs ____ to ____ are true to my knowledge and/or based on records believed to be true and that nothing material has been concealed.

Verified at ____________ on ____________.

COMPLAINANT

Documents normally useful with the complaint

  1. Memo of parties with complete service addresses.
  2. Invoice, tax invoice, delivery challan and proof of payment.
  3. Product specification sheet, quotation, advertisement or written representation relied upon.
  4. Serial-number, warranty-registration and manufacturer/service-centre records showing the actual product identity or status.
  5. Photographs or video showing physical condition, where relevant and authentic.
  6. Technician/service-centre inspection report or job sheet.
  7. Receipt issued when the product/component was deposited for replacement or repair.
  8. Emails, messages, complaint numbers and correspondence with seller/manufacturer.
  9. Legal notice and proof of service, if issued.
  10. Proof supporting consumer status, especially where self-employment or commercial-purpose objections may arise.
  11. Application for condonation of delay, if Section 69 limitation is exceeded.
  12. Affidavit/verification, Vakalatnama or authorisation, and prescribed fee where applicable.

Jurisdiction and current filing fee

The Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021 base pecuniary jurisdiction on the value of goods or services paid as consideration. The present limits are: District Commission up to ₹50 lakh; State Commission above ₹50 lakh and up to ₹2 crore; National Commission above ₹2 crore.

Current e-Jagriti guidance states that District Commission complaints involving consideration up to ₹5 lakh carry no filing fee; higher value slabs carry the prescribed fee. Check the current official fee table at the time of filing.

When the purchaser is a company or business

Section 2(7) excludes from the definition of "consumer" a person who obtains goods for resale or for a commercial purpose. The statutory explanation excludes from "commercial purpose" goods bought and used by a person exclusively for earning livelihood by means of self-employment.

Accordingly, if a computer was purchased by a company for its ordinary business operations, a Consumer Commission complaint may face a maintainability objection. The pleading should not conceal the business purpose. Assess the dominant purpose of the purchase and, where consumer jurisdiction is unavailable, consider appropriate contractual, civil or commercial remedies.

Online filing through e-Jagriti

A consumer complaint may be filed online through the Government's e-Jagriti platform. Its Help Docs and FAQs provide current guidance on complaint filing, document upload and applicable fee slabs.

Official resources

This specimen should be adapted to the actual invoice, product condition, warranty, seller representations, consumer status, jurisdiction, limitation and evidence. Avoid alleging fraud or criminal intent unless the facts independently support such allegations.