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 had pre-booked a premium smartphone from Y.Electronics Store in City A during DD/MM/YYYY. When he visited the store with his father Mr. Z to collect the device, the sales representative convinced them to purchase an extended warranty service plan. However, after the purchase, Mr. X discovered unauthorized charges on his credit card statement related to this service plan. The store had allegedly processed additional payments without proper consent and failed to provide clear documentation about the service terms. When Mr. X approached the store for clarification, they provided conflicting information about the charges and refused to issue a refund for the disputed amount.

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 transaction records, receipts, and communication with the store immediately
• File a complaint with the District Consumer Forum within two years of the disputed transaction
• Contact your credit card company to dispute unauthorized charges and request chargeback if applicable

Applicable Sections of Law

This case primarily falls under consumer protection and commercial fraud laws. Section 316 of BNS (Bharatiya Nyaya Sanhita) deals with criminal breach of trust, while Section 318 addresses cheating. Section 61 of BNSS (Bharatiya Nagarik Suraksha Sanhita) provides procedures for consumer complaint filing. Additionally, the Consumer Protection Act, 2019 offers comprehensive protection against unfair trade practices, defective goods, and deficient services. These provisions collectively ensure consumers can seek both criminal prosecution and civil remedies for unauthorized charges and deceptive sales practices.

If You Are the Complainant

• Gather all purchase receipts, credit card statements, and correspondence with the store as evidence
• File a consumer complaint within the prescribed limitation period for monetary relief
• Submit a detailed complaint to the local police if criminal fraud is suspected
• Approach the credit card company immediately to dispute unauthorized transactions
• Maintain detailed records of all communications and follow-up actions taken

If You Are the Victim

• Immediately contact your bank to freeze or dispute the unauthorized charges on your account
• File a written complaint with the store management demanding refund and explanation
• Lodge an FIR if the store refuses to cooperate or resolve the matter amicably
• Seek compensation for financial loss, mental harassment, and legal expenses through consumer court
• Consider joining with other affected customers if this appears to be a systematic fraud

How the Police Behave in Such Cases

Police typically treat consumer disputes as civil matters initially and may be reluctant to register FIR unless clear criminal fraud is established. They often advise victims to first approach consumer forums or attempt resolution through store management. However, if unauthorized charges exceed Rs. 20,000 or involve systematic deception, police are more likely to take cognizance and conduct proper investigation under relevant sections of BNS.

FAQs People Normally Have

Can I get full refund for unauthorized extended warranty charges? Yes, consumer courts can order full refund plus compensation if unauthorized charging is proven.

How long do I have to file a consumer complaint? You have two years from the date of cause of action to file in District Consumer Forum.

Will credit card company help in disputing charges? Most credit card companies provide chargeback facility for disputed transactions if reported within 60-90 days.

Can the store be held criminally liable? Yes, if deliberate fraud or criminal breach of trust is established under BNS provisions.

What Evidence Is Required?

• Original purchase receipt showing device cost and extended warranty charges
• Credit card statements highlighting disputed transactions and dates
• Email or SMS communications with store representatives regarding the service plan
• Audio or video recordings of conversations if available and legally obtained
• Witness statements from accompanying family members or friends during purchase
• Store’s terms and conditions document or sales agreement
• Bank statements showing unauthorized debits or charges

How Long Will the Investigation Take?

Consumer forum proceedings typically take 6-12 months for resolution depending on case complexity and evidence quality. Police investigation for criminal aspects may take 2-6 months if FIR is registered. Credit card dispute resolution usually occurs within 30-90 days. Overall resolution timeframe largely depends on store’s cooperation and strength of documented evidence provided.

Advocate Sudhir Rao, Supreme Court of India