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

Mr. Alok Sharma, a resident of Pune, purchased an “ApexPro Laptop” from a major electronics company, “GlobalTech Electronics,” during a promotional sale. The laptop came with a premium onsite warranty. From the beginning, the device was plagued with problems. Over the course of the first year, more than ten different parts were replaced, including the motherboard on multiple occasions. On the very last day of the initial warranty period, the laptop completely died. Initially, GlobalTech Electronics refused to help, claiming the warranty had expired. However, Mr. Sharma had records of complaining about the issue two days prior. After persistent communication via calls and emails, the company agreed to replace the motherboard once again.

To avoid future issues, Mr. Sharma purchased an additional one-year extended warranty. Within a week, the new problem arose: the keyboard backlight stopped working. He contacted customer support again. This time, after numerous calls, a technical assistant manager began communicating with him directly. After weeks of discussions, during which Mr. Sharma consistently requested a full replacement of the faulty unit, the manager seemed to agree. Mr. Sharma received a confirmation for a full unit replacement via a messaging app, followed by a verbal confirmation from another company agent over the phone.

However, just a day later, the company changed its stance. They began insisting that it was a “Dead on Arrival” (DOA) case and that he would only be eligible for a refund. The company, which had initially appeared helpful, became dismissive, citing various agreements and policies. Mr. Sharma refused the refund, as the sale price at which he bought the laptop would not be sufficient to purchase a similar-spec machine now. He requested they proceed with the repair, but the company took another week and then stated they needed to take the laptop for “observation,” a process that dragged on for over 20 more days. Finally, they called and declared that even repair was not possible and a refund was the only option. Mr. Sharma is now left with a partially functional laptop, an extended warranty he cannot use, and a company that refuses to honour its promise of repair or replacement.

Advice in such cases

• Gather all your documents, including the purchase invoice, warranty cards (both original and extended), and any job sheets or service records from previous repairs.
• Compile all communication with the company. This includes emails, chat transcripts, and, if possible, notes on phone calls with dates, times, and the names of the representatives you spoke with.
• Do not accept a refund if it is not agreeable to you, especially if it would put you at a financial disadvantage. Your rights under consumer law may entitle you to a repair or replacement.
• Send a final, formal written communication (preferably a legal notice drafted by a lawyer) to the company’s official address, clearly stating your grievance, the history of the problem, and your desired resolution (repair or replacement). Set a clear deadline for their response.
• 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

This case primarily falls under the purview of the Consumer Protection Act, 2019. The key concepts are:

• Deficiency in Service: The company’s failure to repair the product effectively despite multiple attempts and then refusing to honour the warranty constitutes a deficiency in service under Section 2(11) of the Act.
• Unfair Trade Practice: Promising a replacement and then rescinding the offer, or forcing a customer to accept a refund that is less advantageous than a repair or replacement, can be considered an unfair trade practice under Section 2(47).
• Product Liability: Since the product has a defect in manufacturing that has caused repeated issues, it falls under the scope of product liability, and the manufacturer is responsible for the harm caused.
• Bharatiya Nyaya Sanhita (BNS): If there is evidence of deliberate deception or a fraudulent intention from the outset (e.g., knowingly selling defective goods and planning to deny service), charges under sections related to cheating could potentially be explored, but the primary and most effective remedy is through the consumer courts.

If you are the complainant

• Document everything meticulously. Your strength lies in your evidence. Keep a chronological file of all interactions and documents.
• Be clear and consistent in your demand. If you want a replacement, stick to that demand and state your reasons clearly, such as the product being inherently defective due to multiple failures.
• File a complaint before the appropriate Consumer Disputes Redressal Commission (District, State, or National, depending on the value of the laptop and compensation claimed). You can do this online through the e-Daakhil portal.
• In your complaint, you can seek a replacement of the product, compensation for mental agony and harassment, and 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

• Understand that as a consumer, the law provides you with significant protection against such practices. You are not helpless.
• Do not be intimidated by the company’s use of complex agreements and policies. The provisions of the Consumer Protection Act, 2019, are designed to protect you from one-sided terms.
• Clearly articulate the financial loss you would incur if you accept the refund. Provide evidence of the current market price for a laptop with similar specifications.
• Your extended warranty is a separate contract of service. If the company cannot service the original product, they must provide a refund for the extended warranty amount or transfer it to a new, replacement product, as per your agreement.
• 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 matters like this, the police generally do not intervene directly. This is considered a civil dispute between a consumer and a service provider, not a criminal offence in the conventional sense. The police would likely advise you to approach the Consumer Court. Police involvement would only be warranted if there is a clear element of criminal fraud, cheating, or criminal intimidation, which can be difficult to prove and is usually secondary to the consumer complaint.

FAQs people normally have

• Can a company force me to take a refund? No, a company cannot force you to accept a remedy that you are not satisfied with, especially if your warranty entitles you to repair or replacement. The choice of remedy can be ordered by a Consumer Court based on the facts of the case.
• What if I bought the item on sale? The price you paid is irrelevant to your right to a functional product under warranty. If a replacement is warranted, it should be for a product of similar or better specifications, regardless of the original sale price.
• Can I claim compensation for the harassment? Yes, under the Consumer Protection Act, 2019, you can claim compensation for the mental agony, harassment, and financial loss suffered due to the company’s deficient service and unfair trade practices.

What evidence is required?

• Proof of Purchase: The original invoice or bill for the laptop.
• Warranty Documents: The warranty card and the receipt for the extended warranty.
• Proof of Defects: Service records, job sheets, emails, or any other communication that lists the repairs done on the laptop.
• Communication Records: All emails, chat transcripts, and recordings or detailed notes of phone calls with the company’s representatives. Pay special attention to the communication where a replacement was promised.
• Proof of Current Price: Screenshots or printouts from websites showing the current price of a similar configuration laptop to justify why a refund is inadequate.

How long will the investigation take?

The “investigation” is the proceeding before the Consumer Commission. The Consumer Protection Act, 2019, mandates an endeavour to decide cases within three to five months. However, in practice, the process can sometimes take longer, ranging from six months to over a year, depending on the complexity of the case, the evidence presented, and the workload of the commission.

Advocate Sudhir Rao, Supreme Court of India