A pair of sandals breaking during a wedding ceremony sounds like a minor inconvenience. But when the break causes public embarrassment at one of the most important social events in Indian culture, it becomes a legitimate consumer rights issue. This is exactly what happened in a case that came before the State Consumer Disputes Redressal Commission, where a consumer’s sandals gave way mid-ceremony, leading to a legal dispute that ended with the manufacturer being directed to either refund the purchase price or replace the product – along with additional compensation for the mental distress caused. The case is a compact but powerful illustration of how Indian consumer law works in practice, even for everyday goods like footwear.

Table of Contents

What happened: the facts of the case

The consumer had purchased a pair of sandals from a manufacturer and wore them to a wedding ceremony. During the event, the sandals broke – an incident that caused considerable embarrassment and inconvenience in a very public social setting. The consumer approached the State Consumer Disputes Redressal Commission, arguing that the sandals were defective and that the manufacturer was liable for the distress caused.

The Commission agreed. It directed the manufacturer to either refund the price paid for the sandals or replace them with a defect-free pair. Beyond that, it went a step further and awarded additional compensation to the consumer for the embarrassment and inconvenience suffered during the wedding. This two-part remedy – product relief plus compensation for mental agony – reflects a well-established principle in Indian consumer law: when a defective product causes distress beyond mere financial loss, the law recognises that harm too.

What makes something a “defect” under Indian law?

The legal basis for this kind of complaint lies in the Consumer Protection Act, 2019. Under Section 2(10) of the Act, a “defect” is defined as any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard of goods – whether that standard is set by law, by a contract, or by the claims the trader makes about the product. In short, if a product fails to meet what it is reasonably expected to do, it is defective.

Sandals are manufactured to be worn. If they break during normal use – especially shortly after purchase – that failure directly falls within this definition. The consumer does not need to prove a complicated manufacturing process went wrong. The fact that the product failed at its basic purpose is sufficient to establish a defect.

The concept of “harm” under the 2019 Act

One of the significant additions in the Consumer Protection Act, 2019 compared to its predecessor is the expanded definition of “harm.” The Act now explicitly includes mental agony and emotional distress arising out of a defective product within the scope of compensable harm. This is why the Commission in the sandal case did not limit its order to a refund or replacement alone. The embarrassment of having footwear fail publicly at a wedding – a deeply significant occasion in Indian society – was treated as a genuine, compensable injury.

The remedies available: refund, replace, or compensate

When a Consumer Commission finds that goods are defective, it has a clear range of remedies it can order. As laid out under the Consumer Protection Act and detailed by the National Consumer Disputes Redressal Commission, these include directing the manufacturer or seller to remove the defect, replace the goods with a defect-free equivalent, refund the purchase price, or pay compensation for loss or injury caused by negligence.

In the sandal case, the Commission gave the manufacturer a choice between refund and replacement – a practical approach that gives the company flexibility while ensuring the consumer is made whole. The additional compensation awarded on top of this is for the non-financial harm: the social embarrassment and personal inconvenience that came from a product failure in a public setting.

Who is liable – the manufacturer, the seller, or both?

Under Section 84 of the Consumer Protection Act, 2019, a product manufacturer can be held liable for harm caused by a defective product in various circumstances, including when the product deviates from standard quality requirements or fails to conform to what the manufacturer has claimed or implied about it. Both manufacturers and sellers can potentially be pulled into a complaint, depending on the facts. In cases involving manufacturing defects – like a sandal breaking during ordinary use – the manufacturer is the primary party held accountable.

Why this case matters beyond the price of a pair of sandals

At first glance, a dispute over footwear might seem trivial. But this case carries a message that goes well beyond the cost of the sandals. A few key lessons stand out.

No product is too small to attract consumer protection

Indian consumer law applies to all goods, irrespective of their price or type. Whether it is an expensive car or an inexpensive pair of sandals, the standard is the same: the product must be fit for its intended purpose. The Consumer Protection Act, 2019 does not draw a minimum threshold for the value of goods when determining whether a defect exists. A consumer who buys a modest product has exactly the same legal protections as one who buys a premium one.

Context of use matters when assessing harm

The Commission’s decision to award compensation specifically for the embarrassment caused at a wedding reflects an important judicial approach: the context in which a product is used is relevant to understanding the harm caused when it fails. Using footwear at a wedding, a formal and socially significant occasion, made the failure more consequential than it might have been in a less public setting. Consumer Commissions are empowered to take these contextual factors into account when determining compensation.

Manufacturers must ensure product quality regardless of price point

For businesses, this judgment serves as a reminder that quality obligations are not optional or limited to premium products. Product liability under the 2019 Act means that a manufacturer is responsible for the harm its products cause when they are defective. A footwear company cannot argue that, because the price of the sandals was low, the standard of durability expected from them should also be low. The standard is what an ordinary consumer would reasonably expect.

How a consumer can approach a similar situation

If you find yourself in a comparable situation – a product failing during use and causing you distress – the process to seek redress is more accessible than many people realise. The first step is to send a written notice to the seller or manufacturer, describing the defect, the harm caused, and the remedy you are seeking. If this does not result in a satisfactory response, you can file a complaint with the appropriate Consumer Disputes Redressal Commission.

Complaints for claims up to โ‚น50 lakh are filed with the District Consumer Disputes Redressal Commission. For claims between โ‚น50 lakh and โ‚น2 crore, the matter goes to the State Commission, and for claims above โ‚น2 crore, to the National Consumer Disputes Redressal Commission. As per the established consumer court procedure, you can also file complaints online through the e-Daakhil portal, which has simplified the process significantly. There is a two-year limitation period from the date the cause of action arises, so it is important not to delay.

When filing your complaint, keep your purchase receipt, any photographs of the defect, and a record of all communications with the seller. For a defective product claim, these documents form the backbone of your case. In terms of relief, you can simultaneously ask for a refund or replacement and also claim compensation for mental agony and inconvenience – exactly the twin remedies the Commission awarded in the sandal case.

The broader takeaway: embarrassment is a cognisable loss

Perhaps the most legally interesting aspect of this case is the recognition that public embarrassment caused by a defective product is not just a personal grievance – it is a legally acknowledged harm. Indian consumer law, particularly after the 2019 amendments, is built on the premise that a consumer’s mental and emotional wellbeing is part of the equation, not an afterthought. When a product fails at a moment that matters – a wedding, a graduation, a job interview – the distress caused by that failure does not disappear just because the financial value of the product is low.

This also aligns with how consumer courts across India have consistently held that manufacturers and sellers cannot escape liability by merely offering to repair or replace a product if the harm has already been done. Compensation for mental distress is a separate head of relief, and the Commission has the power to award it independently.

What do you think? If a product’s failure causes social embarrassment rather than physical or financial harm, should the compensation awarded reflect the severity of the occasion during which it occurred – or should a fixed standard apply regardless of context? And given how accessible Indian consumer courts have become through online filing, do you think more consumers should be stepping forward with everyday product complaints that they currently dismiss as too minor to pursue?

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References
  1. https://indiankanoon.org/doc/47873513/
  2. https://iclg.com/practice-areas/product-liability-laws-and-regulations/india
  3. https://ncdrc.nic.in/
  4. https://corporate.cyrilamarchandblogs.com/2022/01/product-liability-under-the-consumer-protection-act-2019-an-overview/
  5. https://www.taxmann.com/post/blog/consumer-protection-in-india
  6. https://www.acmlegal.org/blog/understanding-product-liability-under-the-consumer-protection-act-2019/
  7. https://cleartax.in/s/consumer-court
  8. https://www.lawcurb.in/post/product-defect-case-studies-from-consumer-courts

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Consumer Protection Issues

1 Consumer Protection – U.N. Guidelines 1985, 1999, 2015

  1. History
  2. U.N. Guidelines for Consumer Protection 1985
  3. Expansion of the U.N. Guidelines 1999
  4. Revision of U.N. Guidelines 2015
  5. U.N. Guidelines and the Consumer Protection Act

2 Consumer Rights – Constitutional Perspective

  1. Evolution of Consumer Rights
  2. Consumer Rights vis-ร -vis the Consumer Protection Act 1986
  3. Constitutional Provisions for Consumer Protection
  4. Duties of Consumers

3 Consumer Protection Law- International Perspective (US, UK and Australia)

  1. Consumer Protection Law in United States of America
  2. Consumer Protection Law in United Kingdom
  3. Consumer Protection Law in Australia

4 Consumer Protection Act, 1986 and Allied Laws- An Overview

  1. Consumer Protection Act 1986
  2. The Prevention of Food Adulteration Act 1954
  3. Competition Act 2002
  4. The Sale of Goods Act 1930
  5. The Indian Contract Act 1872
  6. The Standard of Weights and Measures Act 1976
  7. Essential Commodities Act 1955
  8. Bureau of Indian Standards Act 1956
  9. Real Estate Act 2016

5 Consumer Problems

  1. Price Variation
  2. Adulteration and Poor Quality
  3. Non-availability of Products
  4. Defective Weights
  5. Unfair Trade Practices
  6. Lack of Education
  7. Poor Consumer Guidance

6 General Documents and Formats for Seeking Redressal under Consumer Protection Act, 1986

  1. Format of Consumer Complaint
  2. Sample form of Appeal
  3. Format for Filling an Execution Petition in Consumer Fora

7 Settlement of Consumer Issues- Sector Case Studies-I

  1. Insurance Sector
  2. Banking
  3. Types and Kinds of Financial Services
  4. Value Added Tax (VAT)
  5. Service Tax
  6. E-Commerce
  7. Information Technology

8 Settlement of Consumer Issues- Sector Case Studies-II

  1. Quality
  2. Real Estate
  3. Railway
  4. Legal
  5. Medical Negligence
  6. Packed Commodity

9 Food Safety and Standards-I

  1. The Food Safety and Standards Act 2006 (Act No. 34 of 2006)
  2. Food Safety and Standards Rules and Regulations 2011

10 Food Safety and Standards-II

  1. Bureau of Indian Standards Act 2016
  2. Packaging Commodity Rules 2011
  3. Legal Metrology Act 2009 (1 of 2010)
  4. Cold Storage Order 1980
  5. The Solvent-Extracted Oils, De-Oiled Meals, and Edible Flour (Control) Order 1967 and the Vegetable Oil Products Control Order 1998
  6. Export (Quality Control and Inspection) Act 1963
  7. Codex Alimentarius Commission (CAC)

11 Food Safety and Standards Authorities

  1. The Food Safety and Standards Authority of India (FSSAI)
  2. Establishment, Composition, and Functions of FSSAI and its Functionaries
  3. Working of the Food Authority
  4. Bureau of Indian Standards (BIS)
  5. BIS Certification Scheme for Hallmarking of Gold Jewellery

12 Important Consumer Protection Judgements (Goods)

  1. Defective Car Sold as Brand New Car Manufacturer Unnecessarily Contesting Claim
  2. Blade in Cold Drink Bottle โ€“ Tampering by Third Party โ€“ Manufacturer not Liable
  3. Defective Seeds Sold to Farmers by Seeds Corporation โ€“ Failure of Crop / Less Yield โ€“ Compensation Awarded
  4. Non-Branded Compressor Fitted in Air Conditioner after Charging for Branded One โ€“ Compensation Awarded
  5. New Mobile with Old Software โ€“ Samsung India Held Liable
  6. Insect Found Baked with Biscuit
  7. Defective Sandals โ€“ Direction to Refund Price or Replace
  8. Defect in Cadburyโ€™s Chocolate Alleged โ€“ Shopkeeper from Whom Chocolate Bought not Made a Party โ€“ No Manufacturing Defect โ€“ Revision Set Aside

13 Protection of Consumers in Selected Services

  1. Laws for the Protection of Consumers of Services
  2. Professional Services โ€“ Medical Services
  3. Banking Services
  4. Transportation Services โ€“ Railways

14 Drugs and Cosmetics

  1. The Drugs and Cosmetics Act 1940 โ€“ An Introduction
  2. Important Provisions of the Drugs and Cosmetics Act 1940
  3. Consumer Protection and the Drugs and Cosmetics Act
  4. The Drugs and Magic Remedies (Objectionable Advertisements) Act 1954

15 Important Consumer Protection Judgements (Services)

  1. Housing
  2. Medical and Health Services
  3. Insurance Services
  4. Courier Services
  5. Banking Services

16 Consumer Protection Regulations, 2005

  1. Major Amendments made in the Year 2002
  2. Consumer Protection Regulations 2005

17 Consumer Protection Act, 2019 (Part-I)

  1. Objectives of the Act 2019
  2. Definitions
  3. Establishment of Central Consumer Protection Council (CCPC)
  4. Central Consumer Protection Authority (CCPA)

18 Consumer Protection Act, 2019 (Part-II)

  1. Establishment of Consumer Dispute Redressal Commission
  2. Mediation
  3. Product Liability
  4. Offences and Penalties