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

Greetings, fellow citizens! I’m Elara Vance, and I’m reaching out for urgent advice regarding a persistent issue with a newly purchased gadget. In June 2024, I acquired an ApexTech Devices gaming laptop from Grand Electronics Mart for ₹51,100. From the very first month, this device has been plagued with significant defects:

• 🔋 Battery Degradation: The battery’s full charge capacity plummeted to as low as 31,000 mWh, far below its design capacity of 52,000 mWh, within mere weeks. This erratic fluctuation persisted despite multiple calibration attempts.
• 🧰 Casing Flaw: The laptop’s screen casing has repeatedly popped open, a recurring problem even after two visits from certified technicians. This structural issue remains unresolved.
• 💡 Illumination and Control Panel Malfunction: The keyboard backlights flicker erratically, and the system’s control panel spontaneously opens and closes. This has occurred on multiple occasions.
• 🧪 Diagnostic Findings: Remote diagnostic sessions conducted by ApexTech Devices themselves revealed numerous high and very high-severity issues with “Carrier-grade severity mapping.”

Despite these glaring problems, ApexTech Devices has only offered further repairs, completely sidestepping any discussion of a refund. I have diligently pursued this matter through multiple phone calls and emails, providing comprehensive documentation including battery reports, diagnostic logs, screenshots, and purchase invoices. I even informed them of my intent to escalate the matter to a Consumer Commission if a resolution isn’t provided by September 15.

The laptop was purchased using a credit card, and the amount was converted into EMIs. My parent has already paid one EMI, with the next one due on September 19. It is crucial to resolve this before another EMI payment, as defaulting could incur penalties or interest charges. I am not seeking a replacement or further repairs; I simply want this faulty device gone and my peace of mind restored.

I urgently require guidance on the best course of action:

• Should I file a complaint via the National Consumer Helpline portal (consumerhelpline.gov.in) or contact them directly at 1915?
• Do I have the right to refuse further repairs and unequivocally demand a refund, even if they propose sending another technician?
• Are there any specific legal phrases or references I can use to strengthen my case? Your assistance would be invaluable; I am utterly exhausted by this ordeal.

Advice in such cases 💡

This is a classic case of deficiency in service and defective goods, falling squarely under the purview of the Consumer Protection Act, 2019. As a consumer, you have significant rights in such situations. You are well within your rights to demand a refund, especially when repeated repairs have failed to rectify the inherent defects of the product.

Applicable Sections of Law 📜

The primary legislation governing your case is the **Consumer Protection Act, 2019 (CPA, 2019)**. Key sections applicable here include:

• Section 2(11): “Deficiency” – Defines any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance that is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
• Section 2(10): “Defect” – Defines any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or as is claimed by the trader or manufacturer in any manner whatsoever in relation to any goods.
• Section 35: “Manner in which complaint may be made” – Outlines how a consumer can file a complaint to the District, State, or National Consumer Commission.
• Section 39: “Finding of District Commission” – Empowers the Consumer Commission to direct the opposite party to return the price paid, replace the goods, or pay compensation, among other reliefs, if a defect or deficiency is found.

The fact that the product exhibited major defects from the outset and continued to malfunction despite multiple repair attempts strongly supports your claim for a refund. Under the CPA, 2019, you are entitled to a product that is fit for its intended purpose and free from defects. When a product consistently fails to meet this standard, you are not obligated to accept endless repairs.

If you are the complainant 🗣️

As the complainant, Anya Sharma, you have a strong case. You have already taken crucial steps by documenting everything. Here’s how to proceed:

• Formal Legal Notice: Before filing a complaint with the Consumer Commission, send a formal legal notice through an advocate to ApexTech Devices and Grand Electronics Mart. This notice should clearly state the defects, the history of failed repairs, your demand for a full refund (and not a replacement or further repairs), and a deadline for compliance. This often prompts action.
• Consumer Commission Complaint: If the legal notice does not yield a satisfactory response within the stipulated time, proceed to file a complaint with the appropriate Consumer Commission (likely the District Commission, given the value of the laptop). You can file it online through consumerhelpline.gov.in. This is generally the most effective route.
• Direct Contact (1915): While calling 1915 (National Consumer Helpline) can provide initial guidance and facilitate mediation, for a complex case with repeated failures, a formal complaint with the Consumer Commission is usually more impactful. You can use 1915 to register your grievance initially, but be prepared to escalate to a formal complaint.
• Refusing Repairs: Yes, you absolutely can refuse further repairs and demand a refund. Your primary right is to a product free from defects. Since the product has been demonstrably defective from the beginning and repeated repairs have failed, you are not obligated to subject yourself to further inconvenience. State clearly in your communications that you are seeking a refund only.
• Legal Phrasing: Use terms like “deficiency in service,” “defective goods,” “unilateral imposition of repair cycles without resolution,” and “failure to provide goods fit for purpose.” Emphasize that “the product is inherently defective and beyond satisfactory repair.” Reference the Consumer Protection Act, 2019, and your right to a refund under its provisions.

If you are the victim 😟

In this scenario, you are indeed the victim of a defective product and potentially unfair trade practices. Your rights as a consumer are paramount. The Consumer Protection Act, 2019, is designed to protect you from such situations. You are not alone, and the legal framework is on your side to ensure you receive appropriate redressal.

How the police behave in such cases 👮

It is important to understand that this is primarily a civil/consumer dispute, not a criminal matter. The police typically do not intervene in such cases unless there is evidence of criminal intent, such as fraud or cheating. While the Bharatiya Nyaya Sanhita (BNS) has replaced the Indian Penal Code (IPC), and the Bharatiya Nagarik Suraksha Sanhita (BNSS) has replaced the Code of Criminal Procedure (CrPC), these new laws primarily deal with criminal offenses. Your recourse for a defective laptop is through consumer forums, not the police. Attempting to involve the police in a purely consumer dispute will likely be unproductive, as it falls outside their jurisdiction unless a clear criminal element (like a deliberate, fraudulent sale of a known defective item) can be proven, which is hard in these cases.

FAQs people normally have ❓

• Can I get compensation for mental harassment? Yes, under the CPA, 2019, Consumer Commissions can award compensation for mental agony and harassment caused by the deficiency in service or defective goods.
• What if they offer a replacement? You have the right to refuse a replacement if the product has shown inherent, recurring defects. You can insist on a refund, especially if your trust in the brand/product is completely eroded.
• Do I need a lawyer? While you can file a complaint yourself, engaging an advocate specializing in consumer law can significantly strengthen your case, ensure proper documentation, and represent your interests effectively before the Commission.
• What about the EMIs? You should continue paying your EMIs to avoid default charges and protect your credit score. However, once the Consumer Commission rules in your favor, the refund amount will cover these payments. You can also seek relief for any interest or penalty charges incurred due to the dispute.

What evidence is required? 📋

You have already gathered excellent evidence. Ensure you have:

• Purchase Invoice: Original bill/invoice clearly showing the date of purchase, product details, and price.
• Payment Proof: Credit card statements showing the transaction.
• Communication Records: Emails, call logs, chat transcripts with ApexTech Devices and Grand Electronics Mart. This includes detailed proofs like battery reports, diagnostic logs, and screenshots you mentioned.
• Service Reports: Any reports or job sheets from technician visits.
• Photographic/Video Evidence: Photos or videos of the defects (e.g., popped casing, flickering lights).
• Legal Notice Copy: If you send one through an advocate, keep a copy with acknowledgment of receipt.

How long will the investigation take? ⏱️

The duration of a Consumer Commission case can vary. District Commissions are mandated to dispose of complaints within three to five months, but practical timelines can be longer, sometimes extending to 6-12 months, depending on the complexity of the case, the number of hearings, and the workload of the Commission. However, persistence and proper legal representation can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India