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

Mr. Sameer Verma, a resident of Alipur, recently faced a harrowing experience with a major electronics company, “Aura Electronics.” He had submitted his smartphone for repair at their authorized service center located in Janakpuri. What followed was a series of frustrating events that highlight a clear case of deficiency in service.

His attempts to get updates via the company’s social media support were met with what appeared to be automated, unhelpful responses. The support team repeatedly claimed they had tried to call him, a claim Mr. Verma refutes as he had no missed calls on his phone. They even quoted a random mobile number that did not belong to him, adding to the confusion.

The company informed him that his device was ready for pickup, but when he contacted the service center, they stated the repair was not yet complete. Soon after, an email from the company cited a “regional disruption” as the reason for the delay, a stark contradiction to their earlier claims. To make matters worse, the service center had not provided a job sheet upon submission and had apparently lost his warranty proof. This critical issue was only communicated to him after he persistently followed up for more than twenty days, stalling the entire repair process.

Aggrieved by the contradictory information, unprofessional conduct, and significant delays, Mr. Verma is now exploring his legal options to hold Aura Electronics accountable for their deficient service and the mental anguish caused.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act systematically to protect your rights as a consumer.

• Document Everything: Keep a record of all interactions. This includes screenshots of chats with customer support, copies of emails, call recordings (if legally permissible in your state), and any reference numbers provided.
• Preserve Proof of Purchase: Your invoice and warranty card are the most critical documents. If the service center has taken them, note down the date, time, and the name of the person you handed them to.
• Send a Formal Complaint: Write a formal email to the company’s grievance redressal officer or highest customer service authority, detailing the entire timeline of events and attaching all your evidence.
• Issue a Legal Notice: If the company fails to provide a satisfactory resolution, the next step is to send a formal legal notice through a lawyer. This notice will outline your grievance, the relief you are seeking (repair, replacement, or compensation), and a timeframe for the company to comply.

Applicable Sections of Law

Such cases are primarily governed by the Consumer Protection Act, 2019. The key concepts applicable here are:

• Deficiency in Service [Section 2(11)]: This is the cornerstone of your case. “Deficiency” means 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. The failure to repair the device in a timely manner, losing warranty documents, and providing false information all constitute a deficiency in service.
• Unfair Trade Practice [Section 2(47)]: Making false or misleading statements about the quality or standard of services can be considered an unfair trade practice. Claiming the phone was ready when it wasn’t falls under this category.
• Cheating [Section 318, Bharatiya Nyaya Sanhita, 2023]: While the primary route is the Consumer Court, if it can be proven that the company had a dishonest intention from the outset to deceive you, a criminal complaint for cheating could be explored. However, the burden of proof is much higher, and the consumer complaint is the more direct and effective remedy for service-related issues.

If you are the complainant

As the person filing the complaint, your role is to present a clear, concise, and evidence-backed case.

• Organize Your Evidence: Arrange all your documents chronologically. Create a simple timeline of events from the day you submitted the device to the most recent communication.
• Be Clear in Your Demand: Decide what you want. Is it a proper repair, a full replacement of the device, or compensation for the harassment and the cost incurred? Your legal notice and complaint should state this clearly.
• File a Complaint: If the legal notice is ignored, you can file a complaint with the appropriate Consumer Dispute Redressal Commission (Consumer Court). The jurisdiction (District, State, or National) depends on the value of the goods or services and the compensation claimed.
• 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 the victim of deficient service, your focus should be on establishing the loss and harassment you have endured.

• Quantify Your Loss: The loss is not just the potential cost of the phone. It includes the mental agony, the cost of making alternative arrangements (like buying a temporary phone), and the time wasted in follow-ups. The Consumer Court can grant compensation for mental harassment.
• Do Not Give Up: Companies often hope that the customer will get tired and drop the matter. Persist with the formal process.
• Follow Procedure: The legal process has defined steps. Following them correctly, from the legal notice to the consumer complaint, strengthens your position significantly.
• 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

It is important to understand that matters of service deficiency are civil disputes, not criminal ones. Therefore, the police have a very limited role. If you approach a police station with such a complaint, they will, in most cases, rightly advise you to seek remedy through the Consumer Courts. They will not register an FIR for poor service. An FIR for cheating under the BNS might only be considered if there is strong prima facie evidence of a pre-planned fraudulent act, which is rare in such service disputes.

FAQs people normally have

• Can I claim compensation for mental harassment?
  Yes, the Consumer Protection Act, 2019, explicitly allows the consumer courts to award compensation for the mental agony and harassment suffered by the consumer due to the deficient service or unfair trade practice.
• Is it mandatory to hire a lawyer to file a consumer case?
  No, it is not mandatory. You can file and argue the case yourself. However, hiring a lawyer who specializes in consumer law is highly recommended as they understand the legal nuances, procedures, and how to present the case effectively to maximize your chances of success.
• What happens if the company ignores the legal notice?
  An ignored legal notice works in your favour. It shows the court that you made a genuine attempt to resolve the issue amicably before approaching the court, and the company was unresponsive. This strengthens your case.

What evidence is required?

Strong evidence is the backbone of a successful consumer complaint. You should gather:

• The original bill or invoice for the product.
• The warranty card.
• The job sheet or any receipt issued by the service center. If they didn’t provide one, mention this clearly in your complaint.
• All email correspondence with the company.
• Screenshots of chats on social media or messaging apps.
• Call logs or records, if available.
• A copy of the legal notice you sent and the postal receipt.

How long will the investigation take?

The term “investigation” here refers to the proceedings in the Consumer Court. The Consumer Protection Act, 2019, mandates a speedy trial. The law states that the commission should decide the case within three months from the date of receipt of notice by the opposite party, or within five months if the case requires testing of the product. While these are ideal timelines, the actual duration can vary depending on the complexity of the case, the workload of the commission, and the tactics employed by the opposite party. However, consumer courts are generally much faster than traditional civil courts.

Advocate Sudhir Rao, Supreme Court of India