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

Mr. Alok Sharma recently made a payment for his MegaPay Global Bank credit card bill through the MegaBazaar e-commerce portal. As a reward, he received a digital scratch card which revealed a coupon for a ₹750 discount on the annual MegaPrime subscription, along with an additional ₹100 off. However, when he tried to apply the coupon on the same day, he encountered an error message stating that the coupon’s usage limit had been exceeded, which seemed impossible for a newly issued coupon.

Suspecting a technical issue, Mr. Sharma contacted MegaBazaar’s customer support. After being transferred between multiple agents, a representative finally registered a formal complaint for him. Despite numerous follow-ups over the next few days, he faced the same cycle of transfers. Eventually, a customer support supervisor assured him of a swift resolution, promising that if the issue persisted, a new coupon code would be provided for his next renewal.

Following this call, Mr. Sharma checked his coupon section again, only to find that the primary ₹750 discount had disappeared. The offer now only showed the additional ₹100 off. The company had unilaterally altered the terms of the reward. He reported this discrepancy immediately but is now concerned about whether the company will rectify the situation.

Advice in such cases

When a company fails to honor a promotional offer or a coupon, it can be frustrating. It is crucial to act systematically. The first step is to gather all evidence of the original offer and your attempts to redeem it. Communication should be documented, preferably in writing (email, chat), to create a clear record. If the company’s standard customer service channels fail, escalating the matter to a grievance officer or through a formal legal process becomes necessary.

Applicable Sections of Law

Such cases are primarily governed by the Consumer Protection Act, 2019. The actions of the company could be classified under two main categories:

• Deficiency in Service: This refers to 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. Failing to honor a promised discount coupon falls under this.
• Unfair Trade Practice: The Act defines this as a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or deceptive practice. Offering a benefit or discount and then withdrawing it without valid reason can be considered an unfair trade practice.

If you are the complainant

If you represent the company in such a dispute, the best course of action is to address the customer’s grievance promptly. Investigate the technical glitch or internal error that led to the issue. To maintain customer trust and avoid legal complications, it is often advisable to honor the original offer and perhaps offer a small token of apology for the inconvenience caused. A transparent and fair resolution can prevent escalation to consumer courts and protect the company’s reputation.

If you are the victim

If you are the customer whose coupon was unfairly revoked, you should take the following steps:

• Compile Evidence: Gather all relevant proof, including screenshots of the original coupon offer, the error message, copies of chat transcripts, and emails exchanged with customer support. Note down the dates and times of phone calls and the names of the representatives you spoke with.
• Send a Formal Complaint: Draft a detailed email to the company’s designated grievance officer. Clearly state the facts, attach your evidence, and specify the resolution you seek (i.e., reinstatement of the original offer).
• 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 resolve in 7-10 days.
• Send a Legal Notice: If the company fails to respond or provides an unsatisfactory resolution, you can have a lawyer send a formal Legal Notice. This notice will outline your grievance, the legal provisions violated, and demand fulfillment of the offer and compensation for mental agony within a specific timeframe.
• File a Consumer Complaint: As a last resort, you can file a complaint before the appropriate District Consumer Disputes Redressal Commission (Consumer Court). This can be done online through the E-Daakhil portal. You can claim the value of the discount and compensation for the harassment and costs incurred.

How the police behave in such cases

Police intervention in such matters is highly unlikely. This is a dispute of a civil nature, specifically a consumer dispute, not a criminal one. If you approach a police station, they will rightly advise you that this is not a police matter and will direct you to approach the Consumer Court. While an argument for criminal cheating under Section 318 of the Bharatiya Nyaya Sanhita (BNS) could theoretically be made, proving the company’s criminal intent (mens rea) to deceive from the outset is extremely difficult in cases involving what appears to be a corporate or technical error. Therefore, the consumer forum remains the correct and most effective venue for redressal.

FAQs people normally have

What evidence is required?

To build a strong case, you will need concrete evidence. This includes:

• A screenshot or digital record of the original coupon offer clearly showing its value.
• Screenshots of any error messages you received while trying to redeem it.
• All email correspondence and chat transcripts with the company’s customer support.
• Any complaint reference numbers provided by the company.
• A record of phone calls made, including dates, times, and a summary of the conversation.

How long will the investigation take?

The timeline for resolution can vary. A well-drafted legal notice from a lawyer can often result in a resolution from the company within 15-30 days. If the matter proceeds to the Consumer Court, the process can take longer. The Consumer Protection Act, 2019, aims for speedy disposal, ideally within 3-5 months, but the actual time can extend depending on the caseload of the commission and the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India