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

Mr. Ankit purchased a new laptop from a well-known electronics brand, “Global Gadgets Pvt. Ltd.” Within a few months, well within the warranty period, the laptop’s charger stopped working. He visited the company’s authorized service center, “QuickFix Services,” in the city of Alipur, seeking a replacement as per the warranty terms.

To his dismay, the service center staff refused to replace the adapter, vaguely claiming “user-induced damage” without providing any proof. Furthermore, the staff was extremely disrespectful towards Mr. Ankit’s father, who had accompanied him. The situation escalated when the service center created a fabricated job sheet, falsely stating that the customer had agreed to their assessment and the issue was resolved. This was a clear attempt to create a paper trail to absolve themselves of their responsibility.

Frustrated by this experience, Mr. Ankit filed a grievance on a national consumer helpline portal. However, his complaint was summarily closed with the misleading remark that he had “agreed to go to the service centre,” completely ignoring the core issue of deficient service and misconduct. Now, Mr. Ankit, who has some experience in drafting documents due to his professional background, is determined to seek justice by filing a formal complaint through the e-daakhil portal, the government’s online platform for consumer case filing.

Advice in such cases

• Gather All Documentation: Before taking any formal step, collect every piece of paper related to the purchase and the dispute. This includes the original invoice, warranty card, any job sheets from the service center (even the fabricated one), and records of all communication like emails or chat transcripts.
• Send a Formal Legal Notice: It is highly advisable to have a lawyer draft and send a detailed legal notice to the company’s head office and the service center. The notice should clearly state the facts, the deficiency in service, the relief you are seeking (e.g., replacement of the adapter, compensation for harassment), and a deadline to comply. Often, a well-drafted legal notice can lead to a resolution without needing to file a case.
• File on the e-daakhil Portal: If the legal notice is ignored or the response is unsatisfactory, you can proceed to file a complaint before the appropriate Consumer Disputes Redressal Commission via the e-daakhil portal.
• Be Clear and Factual in Your Complaint: Your complaint should be a chronological account of the events. State the facts clearly, explain how the company’s actions amount to a ‘deficiency in service’ and/or an ‘unfair trade practice’, and specify the compensation and relief you are claiming.
• 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 law governing such disputes is the Consumer Protection Act, 2019. Key provisions that apply here include:

• Section 2(7): Defines who is a ‘consumer’. Anyone who buys goods or avails services for consideration is a consumer.
• Section 2(11): Defines ‘deficiency’ in service. Refusing to honor a warranty or providing poor service, as in Mr. Ankit’s case, is a clear deficiency.
• Section 2(47): Defines ‘unfair trade practice’. This can include falsely representing the quality or standard of services. Creating a bogus job card could fall under this.
• Jurisdiction: The complaint is filed in the District, State, or National Commission based on the total value of the goods or services paid as consideration and the compensation sought.

If you are the complainant

• Organize Evidence: Systematically arrange all your documents. Create a digital copy of everything for easy uploading on the e-daakhil portal.
• Draft the Complaint Meticulously: Your complaint is the foundation of your case. It must include the names and addresses of all parties, the chronological facts, the specific deficiency, the relief sought (e.g., cost of the product, compensation for mental agony, litigation costs), and the jurisdictional facts.
• Prepare a Supporting Affidavit: The complaint must be supported by an affidavit, which is a sworn statement confirming that the contents of the complaint are true to your knowledge.
• Follow the Portal’s Procedure: Familiarize yourself with the e-daakhil portal. The process involves registration, selecting the correct commission, filling in the complaint details, uploading documents (complaint, affidavit, evidence), and paying the statutory fee online.
• 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

• Document Everything Immediately: While the experience is fresh, write down everything that happened. Note the date, time, location, names of the staff members involved, and a detailed account of the conversation and their behavior.
• Do Not Sign Blank or False Documents: Never sign any document you do not agree with. If forced to sign a document like a job sheet, write “Signed under protest and I disagree with the contents” before your signature.
• Preserve the Core Evidence: Keep the faulty product (the charger, in this instance) safely. Do not attempt to repair it yourself or get it repaired from an unauthorized shop, as this might void the warranty and weaken your case.
• Communicate in Writing: After a bad verbal interaction, follow up with an email to the company’s customer support, detailing the incident. This creates a written record of your complaint.
• 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

The police generally have no jurisdiction in matters of consumer disputes. These are considered civil wrongs, not criminal offenses. If you approach a police station with a complaint about a faulty product or poor service, they will and should direct you to the Consumer Commission. The police will only intervene if the matter involves a distinct criminal offense, such as cheating (as defined under Section 316 of the Bharatiya Nyaya Sanhita, 2023), criminal intimidation, or assault, which are separate from the consumer complaint itself.

FAQs people normally have

• Do I absolutely need a lawyer to file a consumer case?
  No, the law permits you to appear in person. However, corporations will always be represented by experienced lawyers. Having a lawyer on your side ensures that your case is drafted correctly, procedural requirements are met, and your arguments are presented effectively, significantly increasing your chances of success.
• What is the fee for filing a consumer complaint?
  The fee is nominal and depends on the value of the goods and compensation claimed. The fee structure is prescribed under the Consumer Protection Act, 2019, and can be paid online through the e-daakhil portal.
• Can I claim compensation for the harassment I faced?
  Yes. You can and should claim compensation for mental agony, harassment, and the costs incurred in pursuing the complaint (litigation costs) in your prayer for relief.
• How much time does it take to get a decision?
  The Consumer Protection Act, 2019, aims for a speedy trial, ideally within 3 to 5 months from the date the notice is served on the opposite party. However, depending on the complexity of the case and the workload of the Commission, it can sometimes take longer.

What evidence is required?

Strong evidence is crucial for a successful consumer case. You should compile the following:

• Proof of purchase, such as the tax invoice or bill.
• The warranty card or any other document mentioning the warranty terms.
• Photographs or videos clearly showing the faulty product.
• All job sheets or service records provided by the service center.
• A complete record of all communication with the company, including emails, chat transcripts, or letters.
• A copy of the legal notice you sent to the company and the postal/courier receipts as proof of delivery.
• Any other document that supports your claim, such as a report from an independent expert if you have one.

How long will the investigation take?

The term “investigation” is not typically used in consumer cases as it is in criminal law. The process in the Consumer Commission is called ‘adjudication’. The timeline generally follows these steps:

• Filing and Scrutiny: Your complaint is filed and checked by the Commission’s registry.
• Admission and Notice: If the complaint is in order, it is admitted, and a notice is issued to the opposite party (the company/service center), giving them about 30 days to file their reply.
• Pleadings: The opposite party files their version of the story (written version), and you may be given a chance to file a rejoinder.
• Evidence and Arguments: Both parties submit their evidence (by way of affidavit), and then arguments are heard by the Commission.
• Final Order: The Commission passes the final order after hearing both sides.

While the law prescribes a timeline of 3-5 months for this entire process, it can be extended depending on the specific circumstances of the case.

Advocate Sudhir Rao, Supreme Court of India