If you are stuck in such a situation, here is what to do.

A few weeks ago, Mr. Alok Sharma decided to purchase a new smartphone from TechWorld Emporium in the Jayanagar area. He opted to use his InstaLoan Finance Card for an EMI plan. The store staff explained a promotional “9/3” scheme, where he was required to pay three months’ EMI as a down payment, with the remaining six EMIs to be paid monthly. With his monthly EMI calculated at ₹4,200, the upfront amount should have been ₹12,600.

However, when it was time to pay, the staff requested a total of ₹14,300. Puzzled by the difference, Mr. Sharma inquired about the extra charge. The staff vaguely attributed it to processing fees and other balance charges. They also insisted that a mandatory insurance plan be added, which he explicitly declined as he already had coverage for his devices. Despite his refusal, they were persistent.

Later, upon checking the loan summary in his InstaLoan Finance app, Mr. Sharma discovered that the official down payment recorded was only ₹12,600. He recalled the store staff had asked him to make two separate payments: one for ₹12,600 and another for ₹1700. When he questioned the split payment at the store, they deflected and quickly said, “Sir, as a token of our appreciation, we are giving you a complimentary SecureHome Protection Plan worth ₹1700. It covers service visits for your home appliances.” Believing it to be a genuine freebie, he did not object further. It was only later that he realized he had been handed a separate bill for the ₹1700 plan, which was deceptively sold to him instead of being gifted. Feeling misled and cheated, he sought to understand his legal options to reclaim his money and hold the store accountable for its unfair practices.

Advice in such cases

When you find yourself in a situation where you’ve been charged for a service or product without your explicit and informed consent, it’s crucial to act systematically. Such practices often fall under the category of unfair trade practices.

• Gather all documentation immediately. This includes the sales receipt, any separate bills, the EMI loan agreement, screenshots from the financing app showing the transaction details, and any promotional materials related to the purchase.
• Do not engage in aggressive verbal confrontations with the store staff. Instead, communicate your grievance in writing. Send a formal email or a registered letter to the store’s management and customer service department, clearly outlining the issue and demanding a refund for the unauthorized charge.
• If the store fails to respond or refuses to issue a refund, you should prepare to escalate the matter. This is a classic case of a consumer dispute.
• 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 of 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.

Applicable Sections of Law

The primary legal framework governing such disputes is the Consumer Protection Act, 2019. Additionally, certain provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS) can be relevant if criminal intent is established.

• Consumer Protection Act, 2019: This is the most direct and effective law for this scenario. The store’s actions can be classified as an “Unfair Trade Practice” under Section 2(47) of the Act, which includes making false or misleading representations concerning the usefulness or need for any goods or services. It also constitutes a “deficiency in service” under Section 2(11). The consumer has the right to be informed about the particulars of goods and services and the right to be protected against unfair trade practices.
• Bharatiya Nyaya Sanhita, 2023 (BNS): Section 318 of the BNS, which deals with “Cheating,” could be applicable. To invoke this section, it must be proven that the store staff dishonestly induced the consumer to pay the extra amount with a deceptive intention from the very beginning. While a criminal complaint is an option, consumer forums are generally the more appropriate and faster route for such disputes.

If you are the complainant

As the person who has been wronged, you are the complainant. Your goal is to seek redressal for the financial loss and the unfair treatment you have received.

• Send a Legal Notice: The first formal step is to have a lawyer draft and send a legal notice to the electronics store. This notice should detail the entire incident, specify the laws violated, and demand a refund of the disputed amount (₹1700 in this case) along with compensation for mental agony and legal costs, within a stipulated timeframe (usually 15 or 30 days).
• File a Consumer Complaint: If the store does not comply with the legal notice, you can file a complaint before the appropriate District Consumer Disputes Redressal Commission (DCDRC). Complaints can be filed online through the e-Daakhil portal, making the process more accessible. Your complaint should be well-drafted, presenting all the facts and attaching all relevant evidence.
• Seek Appropriate Relief: In your complaint, you can ask the Commission to direct the store to refund the amount, pay compensation for the harassment and mental distress caused, and cover the litigation costs.
• 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 of 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.

If you are the victim

As a victim of such deceptive sales tactics, it’s important to remember that the law is on your side. Your priority is to build a strong case to prove the misdeed.

• Document Everything: Write down a detailed timeline of events as soon as possible while the memory is fresh. Note the names of the staff members you interacted with, the exact conversation, and the sequence of payments.
• Preserve Evidence: Keep all physical and digital evidence safe. This includes the bill for the unwanted service, the main product bill, payment confirmation messages, and screenshots of the loan details from the finance provider’s app.
• Do Not Accept Vague Resolutions: The store might offer you other products or services as a compromise. It is advisable to insist on a full monetary refund for the service you were wrongfully charged for.
• 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 of 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.

How the police behave in such cases

In cases like this, the police may be reluctant to register a First Information Report (FIR) under criminal sections like cheating. They generally view such matters as civil disputes or consumer complaints. They will likely advise you to approach the Consumer Commission, as it is the specialized forum for these issues. While you can insist on filing a complaint, proving the criminal intent of ‘cheating’ from the outset can be challenging in a commercial transaction. The police are more likely to intervene if there is evidence of forgery or a large-scale, organized scam. For an isolated incident of this nature, the consumer court remains the most effective and appropriate remedy.

FAQs people normally have

• Is it worth fighting for a small amount like ₹1700?
  Yes. It is not just about the money, but also about the principle. Holding businesses accountable for unfair trade practices helps protect other consumers from falling into the same trap. The Consumer Protection Act is designed to handle claims of all sizes.
• Can I file a consumer complaint on my own without a lawyer?
  Yes, an individual can file and argue their own case before the Consumer Commission. The procedure is designed to be less formal than traditional courts. However, having a lawyer ensures that your complaint is drafted professionally, all legal points are covered, and the case is presented effectively, which significantly increases your chances of a favourable outcome.
• What is the cost of filing a consumer complaint?
  The court fees for filing a complaint in the District Consumer Commission are very nominal and depend on the value of the claim. For claims up to ₹5 lakh, there is no fee.

What evidence is required?

To build a strong case, you will need to provide clear and convincing evidence. The following documents are crucial:

• The primary invoice for the mobile phone.
• The separate bill that was issued for the unwanted “SecureHome Protection Plan” of ₹1700.
• Proof of payment, such as bank statements or transaction details showing the two separate payments.
• A screenshot of the loan summary from the InstaLoan Finance app, clearly showing the official down payment amount.
• A copy of the legal notice sent to the store and the postal receipt.
• Any other relevant communication with the store, such as emails or chat records.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates an endeavor to decide cases within three months from the date of receipt of notice by the opposite party, or within five months if the case requires product testing. However, in practice, due to the high volume of cases, proceedings in a District Consumer Commission can take anywhere from 6 months to over a year. The duration depends on the complexity of the case, the evidence presented, and the workload of the specific commission.

Advocate Sudhir Rao, Supreme Court of India