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.

Mr. X approached me after facing issues with XYZ Company regarding defective products and poor service. We sent a comprehensive legal notice to the company through registered post, WhatsApp, and email, all of which were duly acknowledged. However, XYZ Company responded unprofessionally, stating they would not engage with Mr. X’s lawyer and would only communicate directly with their customer. This response violated established legal principles regarding representation rights. The company’s refusal to acknowledge proper legal representation and their dismissive attitude towards legitimate consumer grievances necessitated immediate consumer court action to protect Mr. X’s rights and seek appropriate remedies.

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.

• Document all communications with the company including their refusal to engage with legal representation
• File complaint in appropriate consumer court based on claim value
• Prepare comprehensive evidence package including purchase receipts, service records, and correspondence

Applicable Sections of Law

The primary legal framework includes Consumer Protection Act, 2019, which protects consumers from unfair trade practices. Under BNS Section 316 (criminal breach of trust), companies violating consumer trust face penalties. Section 318 of BNS addresses cheating and dishonest inducement. BNSS Section 173 governs investigation procedures for consumer fraud cases. Additionally, BNS Section 3 ensures that every person has right to legal representation, making the company’s refusal to engage with lawyers legally untenable and potentially contemptuous.

If You Are the Complainant

• File detailed complaint in District Consumer Disputes Redressal Commission for claims up to Rs. 1 crore
• Attach all supporting documents including purchase proof, warranty cards, and communication records
• Include specific relief sought such as replacement, refund, or compensation for mental harassment
• Mention company’s unprofessional conduct and refusal to acknowledge legal representation
• Pay prescribed court fees and serve notice on opposite party through proper channels

If You Are the Victim

• Preserve all evidence of defective products or poor service including photographs and videos
• Maintain detailed records of all attempts to resolve issue amicably before legal action
• Document any harassment, mental agony, or financial losses caused by company’s negligence
• Gather witness statements from family members or friends who observed the impact
• Calculate exact monetary damages including opportunity costs and alternative arrangements made

How the Police Behave in Such Cases

Police typically treat consumer disputes as civil matters unless fraud or criminal breach of trust is clearly established. They may reluctant to register FIR for simple consumer grievances. However, when companies engage in systematic cheating or violate BNS provisions, police intervention becomes necessary. Officers usually advise approaching consumer court first. If company’s conduct involves criminal elements like forgery or intentional deception, police will investigate under relevant BNS sections.

FAQs People Normally Have

Can companies refuse to deal with lawyers? No, every person has fundamental right to legal representation. Companies cannot dictate terms of engagement.

What if legal notice is ignored? Ignoring legal notice strengthens your case in consumer court and may lead to ex-parte proceedings.

How much compensation can I claim? Compensation depends on actual loss, mental harassment, and court’s discretion. Claims can include refund, replacement, and punitive damages.

Is consumer court better than civil court? Consumer courts are faster, less expensive, and specifically designed for consumer grievances with simplified procedures.

What Evidence Is Required?

• Purchase receipts, bills, and warranty cards proving transaction
• Product photographs showing defects or service records demonstrating poor quality
• All correspondence with company including emails, WhatsApp messages, and letters
• Legal notice and company’s response or acknowledgment of receipt
• Bank statements showing payments made to company
• Witness statements from persons who observed the defective product or service
• Medical records if health was affected by defective products

How Long Will the Investigation Take?

Consumer court proceedings typically conclude within 3-6 months for straightforward cases. Investigation phase involves examining evidence, hearing both parties, and assessing damages. Complex cases involving multiple respondents or technical issues may extend to 8-12 months. Courts prioritize consumer cases and follow strict timelines under Consumer Protection Act. Most cases reach final judgment within one year if properly presented with adequate evidence.

Advocate Sudhir Rao, Supreme Court of India