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

Mr. Arjun Sharma, a resident of Nagpur, recently purchased a pair of high-end wireless earphones, the “AuraPods,” from a well-known electronics company, SonicWave Electronics. His excitement quickly turned into frustration when he discovered a persistent defect with the in-ear detection feature. The device would malfunction every time it was placed back in its charging case.

Hoping for a simple resolution, Mr. Sharma contacted SonicWave’s customer service and sent the product for a replacement under warranty. The first replacement unit arrived, but it had the exact same defect. He sent it back again and received a third unit. This one seemed to work fine initially, but within a month, it developed a severe battery drain issue, requiring daily charging. Frustrated, he sent this unit back as well. The fourth replacement he received also suffered from the same battery problem.

When he sent the earphones for service for the fifth time, his warranty claim was outright rejected. The company sent him a “test report” claiming no issues were found. Bizarrely, the report mentioned the issue as “in-ear detection,” the problem with the original device, not the battery issue he had reported for the last two units. When Mr. Sharma confronted them with a video he had recorded while unboxing the product and demonstrating the persistent battery defect, the company suddenly introduced a new policy he had never heard of: “only three replacements are allowed within 120 days.”

Mr. Sharma diligently checked the company’s official website and warranty documents but found no mention of such a restrictive policy. His emails asking the company to specify where this policy was documented were ignored for over a week. He has preserved all email communications and has screenshots of the company’s warranty page from the time of his purchase. To make matters worse, the left earphone on his current defective unit has now completely stopped working, further proving the product is plagued with manufacturing defects. He is now contemplating his next steps and whether to pursue legal action immediately.

Advice in such cases

Facing such a situation can be incredibly frustrating for any consumer. When a company fails to honour its warranty commitments and provides defective products repeatedly, it is a clear case of deficiency in service. Here is some advice:

• Organize All Documents: Keep a systematic record of everything. This includes the original purchase invoice, warranty card, all email and chat communications with the company, service centre job sheets, and any test reports provided by them.
• Create Evidence: As Mr. Sharma did, it is wise to make videos and take photos of the product’s defects. An unboxing video of a replacement product can be powerful evidence.
• Send a Formal Legal Notice: Before approaching a consumer court, it is advisable to send a well-drafted legal notice to the company through a lawyer. This notice should clearly state the issues, the relief you are seeking (refund, replacement with a non-defective product, compensation), and a timeline for the company to comply. This often prompts companies to resolve the issue to avoid litigation.
• Consult with Lawyer: 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 legislation that protects consumers in India is the Consumer Protection Act, 2019. In a case like Mr. Sharma’s, the following concepts are highly relevant:

• Deficiency in Service: Section 2(11) of the Act defines “deficiency” as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which 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. Repeatedly providing a defective product and failing to repair it properly is a clear deficiency in after-sales service.
• Unfair Trade Practice: Section 2(47) covers practices that are deceptive or unfair to consumers. A company inventing a new policy (“3 replacements in 120 days”) that was not part of the original terms of sale can be considered an unfair trade practice.
• Defective Goods: The consumer has a right to a replacement, repair, or refund for goods that are found to be defective.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While consumer disputes are primarily civil, in extreme cases where there is clear evidence of dishonest intention from the very beginning, a complaint for cheating under Section 318 of the BNS could be considered. However, the burden of proof is very high, and the most effective and direct remedy for such issues remains the Consumer Dispute Redressal Commissions.

If you are the complainant

• Do Not Delay: A consumer complaint must be filed within two years from the date on which the cause of action arises. In this case, the cause of action is ongoing but started when the defect was first noticed and not rectified.
• File in the Correct Forum: Under the Consumer Protection Act, 2019, you need to file your complaint in the appropriate Consumer Dispute Redressal Commission based on the value of the goods or services paid as consideration:
  • District Commission: For claims up to ₹50 lakhs.
  • State Commission: For claims between ₹50 lakhs and ₹2 crores.
  • National Commission: For claims above ₹2 crores.
• Draft a Clear Complaint: Your complaint should narrate the facts in chronological order, clearly state the deficiency in service and unfair trade practice, and specify the relief you are seeking (e.g., full refund, a new non-defective product, compensation for harassment, and litigation costs).
• Consult with Lawyer: 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

• Know Your Rights: As a consumer, you have the right to be protected against defective goods and unfair trade practices. The warranty provided by a company is a binding promise.
• Preserve All Evidence: Do not discard the product, its packaging, or any related documents. Every piece of paper, every email, and every screenshot is crucial evidence.
• Do Not Accept Unfair Terms: A company cannot unilaterally introduce new policies or terms that were not disclosed at the time of purchase. Their refusal to honour the warranty based on an unstated rule is legally untenable.
• Consult with Lawyer: 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 disputes related to warranty claims and defective products, the police generally do not have a direct role. These are considered civil matters, not criminal ones. If you approach a police station, they will most likely advise you to seek remedy through the Consumer Dispute Redressal Commissions. Police intervention would only be warranted if there is an element of a cognizable criminal offence like fraud or cheating with clear evidence of criminal intent, which is typically not the case in standard warranty disputes. Your primary and most effective path for justice is through the consumer courts.

FAQs people normally have

What evidence is required?

To build a strong case in the consumer court, you will need the following evidence:

• The original bill or invoice of the product.
• The warranty card and terms and conditions.
• All correspondence with the company, including emails, chat transcripts, and letters.
• Job sheets or service records from each time you submitted the product for repair/replacement.
• Photographs and videos clearly showing the defect.
• A copy of the legal notice sent to the company and the postal receipt.

How long will the investigation take?

The Consumer Protection Act, 2019, is designed for the speedy resolution of disputes. The term used is “adjudication” rather than “investigation.” Once a complaint is filed and admitted, the Commission will issue a notice to the opposite party. The Act prescribes a period of 3 months for disposal of the complaint from the date of receipt of notice by the opposite party, where the complaint does not require analysis or testing of commodities, and 5 months if it requires analysis or testing. However, in practice, the timeline can vary depending on the complexity of the case, the evidence presented, and the workload of the specific Commission. It may take anywhere from a few months to over a year.

Advocate Sudhir Rao, Supreme Court of India