One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
Rohan Gupta, a software professional from Gomti Nagar, Lucknow, purchased a Voltas 5-star split AC in early March 2021, during the off-season. He barely used it for the first several months. By around November 2021, roughly eight months after purchase, he noticed the unit had stopped cooling. A technician from the brand's service centre visited and immediately asked for a gas refill charge. Rohan refused, suspecting faulty installation, and after persistent follow-up emails he got the gas refilled at no cost. But by the fourteenth month, the AC had stopped working again — and Rohan had not even used it regularly.
His emails to the company went unanswered. Exhausted, he let the matter rest. About two years later, he had enrolled in a Mahindra Protect home appliance service plan that included free gas refills. The Mahindra technician confirmed there was likely a refrigerant leak and quoted between ₹10,000 and ₹20,000 for repairs. When Rohan contacted the company's customer care — which required a paid recharge just to connect — he was repeatedly told to pay first and get it fixed. A regional manager eventually agreed to waive service charges, but Rohan still ended up paying ₹7,500 for parts.
Rohan had preserved every email thread from day one. His electricity bills over three years never crossed ₹1,100 a month, which is clear evidence the AC had barely run. He had filed a consumer complaint online but received no response. At that point, a colleague recommended he consult Advocate Sudhir Rao. His previous efforts, handled without legal guidance, had stalled entirely. Once the matter was taken up with a structured legal approach — anchoring the claim on documented warranty-period complaints and demonstrating a pattern of negligent servicing — the company's posture changed. The dispute moved toward a meaningful resolution, with compensation and repair costs addressed in the consumer forum proceedings.
Advice in Such Cases
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 to 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.
Document everything before you act: Gather every email, SMS, WhatsApp message, service report, and receipt in one place before approaching any forum. And here's the thing — consumer cases are won or lost on paper trails. Don't rely on memory. Print and organise everything chronologically.
Send a formal legal notice first: Before filing a consumer complaint, send a written legal notice to the company's registered office under the Consumer Protection Act, 2019. This often triggers a quicker response than three months of phone calls ever will, and it creates a formal record of your demand. An advocate can draft this precisely.
Choose the right forum: Consumer matters involving defective products and service deficiency have specific procedural requirements — jurisdiction thresholds, valuation of claims, affidavit formats. Frankly, advocates who regularly handle consumer forum matters know these nuances in ways that general practitioners simply don't, and that familiarity can meaningfully affect how quickly your matter moves.
Applicable Sections of Law
This is a civil consumer matter. The following provisions are directly applicable:
- Section 2(11), Consumer Protection Act, 2019 — defines "defect" in goods, which squarely covers manufacturing defects and inadequate servicing of the AC unit.
- Section 2(42), Consumer Protection Act, 2019 — defines "service deficiency," covering the company's repeated failure to adequately investigate and resolve the refrigerant leak.
- Section 35, Consumer Protection Act, 2019 — governs filing of complaints before the District Consumer Disputes Redressal Commission.
- Section 69, Consumer Protection Act, 2019 — prescribes a two-year limitation period for filing consumer complaints from the date the cause of action arises.
Jurisdiction — Where to File the Case
Consumer complaints are filed before the District Consumer Disputes Redressal Commission (DCDRC) where the complainant resides, where the purchase was made, or where the opposite party has a branch office. For claims up to ₹50 lakhs, jurisdiction lies with the DCDRC. Claims between ₹50 lakhs and ₹2 crores go before the State Commission. Here, since the claim involves the cost of repairs, compensation for harassment, and the original purchase price, the DCDRC in Lucknow would have jurisdiction. Now, before you act, get this part right. Getting jurisdiction wrong from the start invites technical objections that can delay proceedings by months — entirely avoidable months.
Limitation Period
Under Section 69 of the Consumer Protection Act, 2019, a complaint must be filed within two years from the date on which the cause of action arose. In Rohan's case, the cause of action arose at multiple points — when the warranty-period complaint was inadequately resolved, and again when the second breakdown went unaddressed. If the two-year window appears to have passed for any specific incident, the Commission has discretion to condone delay under the proviso to Section 69(2) if sufficient cause is shown. Missing this window without an explanation, however, can be fatal to the case.
Act promptly.
Interim Reliefs Available
Consumer forums can grant interim relief under Section 38(7) of the Consumer Protection Act, 2019, which empowers the Commission to issue directions during the pendency of a complaint. In product defect cases, a complainant can seek an interim direction restraining the company from denying its warranty obligations or from charging the consumer further pending disposal of the complaint. Where there's a risk of evidence being destroyed — such as service records being altered — the Commission can direct preservation of records. Make no mistake, securing interim relief early strengthens your negotiating position and often accelerates settlement discussions with the opposite party.
If You Are the Victim
- Compile all written communications — emails, complaint tickets, SMS messages — in chronological order and store them securely in both physical and digital formats.
- Obtain copies of all service visit reports, technician assessments, and any receipts for payments made toward repairs, even those you believe were wrongly charged.
- Collect electricity bills for the relevant period as corroborating evidence of minimal or no usage of the appliance.
- Send a formal legal notice to the company's registered address by registered post with acknowledgement due, clearly stating your demand and a reasonable deadline for response.
- File a written complaint with the National Consumer Helpline (1800-11-4000) as an additional record, before or alongside approaching the consumer forum.
Documents You Must Keep Ready
- Aadhaar card and PAN card as identity proof
- Original purchase invoice and warranty card for the AC
- All email correspondence with the company, printed with timestamps
- Service visit reports and gas refill receipts (including any zero-charge service acknowledgements)
- Electricity bills for the past two to three years showing usage patterns
- Payment receipts for any repair charges already paid (such as the ₹7,500 paid to the service team)
- Screenshot or printout of the consumer complaint previously filed online
- Any quotes or assessments obtained from third-party service providers (such as the Mahindra Protect technician's report)
What Evidence Is Required?
- Primary evidence: Original purchase invoice and warranty document establishing the contractual relationship and warranty period.
- Primary evidence: Email thread from the first complaint within the warranty period, establishing that a defect was reported in time.
- Primary evidence: Service records showing the technician's findings at each visit, including any notation about a loose nut or gas refill without leak-testing.
- Secondary evidence: Electricity bills demonstrating minimal usage, corroborating the claim that the AC's defects were not caused by overuse or misuse.
- Secondary evidence: Third-party technician's written assessment (Mahindra Protect) confirming a probable refrigerant leak.
- Secondary evidence: Unanswered email threads and complaint ticket numbers showing the company's failure to respond, establishing service deficiency under Section 2(42) of the Consumer Protection Act, 2019.
How Courts Typically Approach Such Cases
Consumer forums generally take a consumer-friendly approach in product defect matters, particularly where documentary evidence is strong. As held in Maruti Udyog Ltd. v. Susheel Kumar Gabgotra, (2006) 4 SCC 644, manufacturing defects that persist despite repeated repairs entitle a consumer to replacement or refund. Forums scrutinise whether the company conducted adequate diagnosis before closing a complaint. Where a company raises the "post-warranty" defence, commissions look at whether the root defect was reported within the warranty period — and whether the company's own inadequate repair caused the recurring problem. A well-structured complaint with a clear timeline moves significantly faster than a poorly organised one. That's not a small difference; it can mean months.
Timeline of Legal Process
- Legal notice (Week 1-2): Send formal notice to company's registered office by RPAD. Allow 15-30 days for response.
- Filing complaint (Week 3-4): File complaint before DCDRC with all annexures, affidavit, and prescribed court fee.
- Admission and summons (Month 1-2): Commission admits the complaint and issues notice to the opposite party.
- Written statement (Month 2-3): Company files written statement/reply. Rejoinder may be filed by complainant.
- Framing of issues (Month 3-4): Commission frames issues based on pleadings.
- Evidence stage (Month 4-6): Both sides file evidence affidavits and documents.
- Arguments (Month 6-8): Oral or written arguments submitted before the Commission.
- Judgment (Month 8-12): Commission passes order; may include direction to repair/replace, refund, and compensation.
- Appeal, if any (additional 6-12 months): Aggrieved party may appeal to State Commission within 45 days of the order.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes — and in many consumer disputes, a negotiated settlement is the most practical outcome. Once a formal legal notice lands at the company's registered office, the tone of communication from their end often shifts. Consumer disputes can be referred to mediation under Section 37 of the Consumer Protection Act, 2019, either before filing or after the Commission refers the matter. Lok Adalats under the Legal Services Authorities Act, 1987 are another avenue — awards passed here are final and binding on both sides, with no court fees refunded. In Rohan's type of case, where documentary evidence is strong, companies frequently prefer settling to risk an adverse order that becomes public record. Settlement, when fair, saves time and legal costs for everyone.
Common Mistakes People Make
- Waiting too long to act formally: Many consumers, like Rohan initially, let matters slide for months or years after a poor service experience. This risks limitation issues under Section 69 of the Consumer Protection Act, 2019, and weakens the narrative of urgency.
- Not keeping written records: Verbal complaints and phone calls leave no trail. Always follow up every phone conversation with an email summarising what was discussed and agreed upon.
- Accepting partial fixes without written acknowledgement: When a technician does a quick patch-up — like simply refilling gas without testing for leaks — insist on a written service report describing what was done. Absence of this record is frequently exploited by companies later.
- Paying repair charges without protest: Paying under protest is legally different from voluntarily paying. If you do pay, write "paid under protest" on the receipt and preserve it. This keeps your claim for reimbursement alive.
- Filing a complaint without organising the chronology: Consumer forums receive hundreds of poorly organised complaints. A complaint that clearly maps each event to a date, links it to the applicable evidence, and articulates the specific relief sought is far more effective.
- Engaging an advocate without relevant domain experience: Consumer forum proceedings have specific procedural requirements — complaint format, affidavit structure, valuation of relief, limitation calculations — that differ from regular civil court practice. An advocate who doesn't regularly appear before consumer commissions may overlook these nuances, resulting in avoidable delays or technical deficiencies in the pleadings.
Advocate Sudhir Rao, Supreme Court of India