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

Mr. Aryan Sharma placed an order from a well-known fast-food chain, “Speedy Pizza,” located a short distance from his home in the city of Alipur. Upon receiving the order, he realized he had been given a different, less expensive item than what he had paid for. Acting as any consumer would, he registered a complaint through the official Speedy Pizza mobile application.

Following this, Mr. Sharma started receiving a series of harassing phone calls from multiple unknown numbers. The callers, identifying themselves as staff from the local Speedy Pizza store, aggressively questioned him about the complaint. Even after he explained the issue of the incorrect order, the calls persisted. This situation caused Mr. Sharma considerable alarm and fear, particularly because the delivery person was aware of his residential address. Fearing for his safety, he stopped answering their calls and sought guidance on the legal steps he could take to stop the harassment.

Advice in such cases

When faced with such intimidating behaviour from a business after a legitimate complaint, it is crucial to act methodically to protect your rights and safety.

• Document Everything: Keep a detailed record of all calls. Note down the dates, times, and phone numbers. If possible, record the conversations, as this can serve as crucial evidence. Take screenshots of your complaint on the app and the original order details.
• Formal Complaint to Corporate: Escalate the issue beyond the local store. Send a formal, written complaint via email to the company’s national headquarters or corporate grievance cell. Detail the initial problem with the order and the subsequent harassment from the store’s staff, including the phone numbers they used.
• Cease Direct Communication: Do not engage with the harassers. Block the numbers from which you are receiving calls. Any further communication should be directed through official corporate channels or your legal representative.
• Consult with Lawyer: The very basic and important step to start is to talk to a lawyer/advocate. You should not hesitate in paying his consultation fee, which might be in the range of Rs. 10,000 to Rs. 50,000, depending on the case. He is helping you in this situation to come out. He is an 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 in 7-10 days.

Applicable Sections of Law

The actions described may fall under specific sections of the Bharatiya Nyaya Sanhita (BNS), which has replaced the Indian Penal Code.

• Section 352 of the BNS (Criminal Intimidation): This section applies when a person is threatened with injury to their person, reputation, or property to cause alarm. The persistent calls and the implicit threat, given that the employees know the victim’s address, can be construed as criminal intimidation.
• Section 351 of the BNS (Stalking): If the contact is repeated and demonstrates a clear intent to cause distress or fear, it could be considered stalking. This includes monitoring a person’s online activity or attempting to contact them repeatedly despite clear indications of disinterest.

If you are the complainant

As the person who initially filed the complaint and is now being targeted, your priority is to build a case against the individuals and, by extension, the company for vicarious liability.

• Gather all evidence related to your initial order and the complaint.
• Preserve the call logs and any messages received from the store’s employees.
• Write a clear timeline of events, from placing the order to the last harassing call.
• Do not delete any communication, no matter how insignificant it may seem.

If you are the victim

As a victim of harassment and intimidation, you have the right to seek police intervention. The process should be approached formally.

• File a Police Complaint: Visit your nearest police station and file a written complaint detailing the entire incident. Provide the timeline, phone numbers, and any other evidence you have collected.
• Request for an NCR or FIR: Depending on the severity and the evidence presented, the police may file a Non-Cognizable Report (NCR) or a First Information Report (FIR). For criminal intimidation, an FIR can be registered. Be persistent in your request for an official report to be filed.
• Stay Safe: Inform your family or friends about the situation. If you feel the threat is immediate, do not hesitate to call the police emergency number.

How the police behave in such cases

Often, the police may initially view such complaints as minor disputes between a customer and a business. They might suggest you resolve it directly with the company’s management.

• It is important to remain firm and clearly articulate that the issue has escalated from a service complaint to criminal harassment and intimidation.
• Present your evidence clearly. Show them the call logs and explain your fear, stemming from the fact that the company’s employees know your address.
• If the local police are uncooperative, you have the right to approach a senior officer, such as the Superintendent of Police (SP), or file a complaint directly with a Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

FAQs people normally have

What evidence is required?

Strong evidence is key to a successful legal action. You should collect:

• The receipt or digital proof of your order.
• Screenshots of the complaint filed on the company’s app or website.
• A complete call log from your service provider showing the incoming calls from the unknown numbers.
• Audio recordings of the harassing calls, where legally permissible.
• Copies of any emails or written correspondence with the company’s corporate office.

How long will the investigation take?

The duration of a police investigation can vary significantly. In a case like this, if an FIR is filed, the police will likely summon the store manager and employees for questioning. The process may take a few weeks to a few months, depending on the cooperation of the accused, the workload of the police, and the complexity of gathering evidence like call data records. Your lawyer can help in filing applications to expedite the process if it is unduly delayed.

Advocate Sudhir Rao, Supreme Court of India