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 purchased a water purification system from Y.company with a comprehensive warranty valid until DD/MM/YYYY. During his scheduled second free service visit, the service executive Mr. Z arrived late and immediately declared that the filters required replacement, demanding payment despite the warranty being active. Mr. X suspected this was an attempt at unfair upselling since the previous service involved only cleaning. The executive refused to perform regular maintenance and insisted on costly replacements. Mr. X felt deceived as the warranty terms clearly covered filter maintenance. When he questioned this practice, the executive became evasive and threatened to mark the service as completed without performing any work. This created a dispute over service contract obligations and potential unfair trade practices.

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 communication with the service provider immediately. Preserve warranty documents and service records as evidence. File a complaint with the Consumer Helpline before the situation escalates. Demand written explanation for any charges during warranty period.

Applicable Sections of Law

This case falls under Consumer Protection Act, 2019 provisions for unfair trade practices. BNS Section 318 addresses cheating and dishonestly inducing delivery of property. Section 316 covers criminal breach of trust by misrepresenting service obligations. BNSS Section 154 governs filing of complaints for such offenses. Additionally, Contract Act provisions apply to warranty breach situations where service providers fail to honor agreed terms.

If You Are the Complainant

• File complaint with Consumer Forum within prescribed time limits
• Gather all purchase receipts, warranty cards, and service documentation
• Record conversations or get written statements about service refusal
• Calculate financial damages including time loss and additional expenses
• Request compensation for harassment and unfair trade practices

If You Are the Victim

• Immediately escalate to company’s grievance redressal officer
• Lodge complaint with Consumer Helpline 1915 for quick resolution
• Demand written explanation for any charges during warranty period
• Seek alternative service provider if original company fails to respond
• Claim compensation for mental harassment and service disruption

How the Police Behave in Such Cases

Police typically treat consumer disputes as civil matters initially. They may suggest approaching Consumer Forum first. However, if fraud or cheating elements are proven with substantial evidence, they will register FIR under relevant BNS sections. Police cooperation improves when complaints involve organized patterns of unfair practices affecting multiple consumers.

FAQs People Normally Have

Can service providers charge during warranty period? Only for parts/services explicitly excluded in warranty terms.

What if company refuses to honor warranty? File Consumer Forum complaint with damages claim.

Is verbal promise of free service legally binding? Yes, if supported by documentary evidence.

How long do I have to file complaint? Two years from when cause of action arises under Consumer Protection Act.

What Evidence Is Required?

• Original purchase invoice and warranty documentation
• Service appointment confirmations and communication records
• Audio/video recordings of service executive interactions
• Previous service reports showing different maintenance approach
• Written demands for unauthorized charges
• Photographs of product condition before service visit
• Witness statements from family members present during service

How Long Will the Investigation Take?

Consumer Forum proceedings typically conclude within 3-6 months. Company internal grievance procedures should respond within 30 days. Police investigation, if criminal case is filed, may take 6-12 months depending on evidence complexity and company cooperation.

Advocate Sudhir Rao, Supreme Court of India