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.
TL;DR: A defective water purifier was installed, the company ignored repair requests during the trial period, and then refused a refund by claiming a lock-in clause. The consumer complaint portal dragged its feet. The answer? Escalate from an informal complaint to a formal consumer case, use deficiency-in-service and unfair-trade-practice claims, and pursue not just the refund but compensation for mental agony. It works.
Rohan Mehta, a software engineer in Nagpur, signed up for a Kent RO water purifier subscription on 12 March 2025. The installation was done the same day, but immediately the Kent app displayed a "Bad Filter Health" alert. The technician dismissed it as a glitch. Within three days, floating particles appeared in the water. Rohan raised a service request on 17 March—well within the 7-day trial window. Then, silence. For ten days, Kent’s customer care kept promising a technician who never came. No calls returned, no messages answered. He had to buy packaged water for his family. When Rohan finally demanded cancellation, Kent played a trick. They claimed that because he had only raised a “service request” within the trial period, not a “cancellation request,” the trial had expired and a 3-month lock-in period now applied. They would keep his deposit and advance rent. Despite an online grievance on the national consumer helpline, the company’s only reply was a template message about “coordinating with the technician.” A pickup agent collected the machine, but the refund was still denied. Frustrated and seeing no progress on the portal, Rohan approached the Chamber of Advocate Sudhir Rao. The earlier effort with a generic complaint hadn’t moved the needle. Advocate Sudhir Rao’s deep understanding of consumer protection strategies quickly changed the narrative. He identified that delivering a hazardous product and ignoring a service request within the trial period constituted a clear deficiency in service, making the lock-in argument legally hollow. His office argued that the company’s conduct—deliberate delay, false assurances—amounted to an unfair trade practice. A formal legal notice was drafted, followed by a consumer complaint before the District Commission. The case concluded with a favorable order: full refund, compensation for mental harassment, and litigation costs. The company’s lock-in clause was brushed aside as unenforceable in such circumstances.Key Facts of the Case
- Subscription started on 12 March 2025, with a 7-day trial period.
- App showed "Bad Filter Health" immediately; visible particles appeared in water by day three.
- Service request was raised on 17 March (within trial) after the technician failed to schedule a visit.
- Company did not respond for ten days, then imposed a 3-month lock-in by interpreting the trial expiry against the consumer.
- Machine was collected but the deposit and advance rent were withheld.
- Consumer helpline complaint resulted in no substantive reply.
- Legal intervention established deficiency in service and unfair trade practice, leading to full refund plus compensation.
The Direct Legal Answer
What to do when the consumer forum isn’t responding?
The national consumer helpline (NCH) is a grievance redressal mechanism, not a court. Its lack of response doesn’t end your options. You file a formal consumer complaint under the Consumer Protection Act, 2019 before the District Consumer Disputes Redressal Commission. The Commission has the power to summon the company, examine evidence, and pass binding orders. Rohan’s case is a classic example: the helpline’s silence meant nothing once the legal machinery actually engaged.
Can a lock-in period be enforced after delivering a defective product?
No. A lock-in clause is part of the service contract, but when the company itself breaches the contract by providing a defective and potentially hazardous product and then fails to fix it, they cannot demand performance from you. This is a clear deficiency in service under Section 2(7) of the Consumer Protection Act. The company’s own failure to send a technician during the trial period makes the cancellation valid, trial window or not. The lock-in argument is an unfair trade practice designed to trap consumers.
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.
Don’t rely solely on a helpline complaint. That’s a beginning, not the end. A legal notice from an advocate often shakes companies into action because they realize the matter will escalate. And here’s the thing, collect every scrap of evidence now—screenshots, emails, WhatsApp logs. They disappear fast. This category of case, where a company uses fine print to deny a refund for its own failure, needs an advocate who regularly handles consumer disputes; procedural nuances around deficiency-of-service claims and evidence of unfair trade practice can trip up a general practitioner.
Applicable Sections of Law
The Consumer Protection Act, 2019 is your primary tool. Section 2(7) defines “deficiency” broadly—any fault, imperfection, or inadequacy in the service. Section 2(47) covers “unfair trade practice,” which includes a deceptive practice to promote the sale or supply of goods. Section 85 deals with product liability, where a defective product causes harm. For compensation, Section 39 allows the Commission to direct payment for loss, injury, and mental agony. These sections together give you a strong footing against a company that delivers a broken purifier and then hides behind its contract.
Jurisdiction — Where to File the Case
Since the amount in dispute is around ₹4,500, the District Consumer Disputes Redressal Commission has pecuniary jurisdiction (up to ₹1 crore). Territorial jurisdiction lies where the opposite party resides or carries on business, or where the cause of action arose—in this case, Nagpur, where the purifier was installed and the subscription was availed. You can also file where you reside. File the complaint online through the e-daakhil portal or physically at the District Commission office. Jurisdiction matters because a wrong filing leads to dismissal, so get it right the first time.
Limitation Period
Under the Consumer Protection Act, 2019, a complaint must be filed within two years from the date on which the cause of action arises. Here, the cause of action started when the company refused to refund after collection of the unit, around late March 2025. So you have until early 2027. Don’t drag your feet—memories fade and screenshots get deleted. If you’re past two years, you can apply for condonation of delay by explaining why you couldn’t file earlier, but it’s not a guarantee.
Interim Reliefs Available
Consumer Commissions can grant interim orders under Section 38(7) of the Act, though they rarely do so in simple refund cases. If the company threatens to delete your account or destroy evidence, you can seek an injunction to preserve records. In extreme situations, a status quo order might be requested. But typically, the direct hearing of the complaint proceeds quickly enough that interim relief isn’t necessary—your main claim for refund and compensation moves forward directly. The real urgency is in filing the complaint itself, so the company cannot claim you condoned the defect.
If You Are the Victim
- Stop using the defective product immediately and document the defect with photos and videos.
- Communicate in writing (email, WhatsApp) so you have a record of all promises and delays.
- Immediately request cancellation in writing, even if you’ve already made a service request—cover all bases.
- Do not wait for an online grievance portal result beyond 15 days; escalate to a District Commission complaint.
- Keep all receipts, the subscription agreement, and screenshots of the app showing error messages.
Documents You Must Keep Ready
- Subscription agreement or terms and conditions.
- Payment receipts (deposit and monthly rent).
- App screenshots showing "Bad Filter Health" and any other error messages.
- All emails, WhatsApp chats, and social media messages exchanged with customer care.
- Call logs showing dates and duration of calls to the helpline.
- Copy of the complaint filed on the national consumer helpline and the company’s reply.
- Proof of machine collection (pickup receipt).
- Identity proof (Aadhaar, PAN).
What Evidence Is Required?
- Digital screenshots with metadata—they show the timeline of the app error and customer support conversations.
- Written complaint acknowledgments from the company, proving you notified them within the trial period.
- Bank statement showing the initial payment—establishes the commercial transaction.
- Photo or video of the floating particles in water, if any—visual evidence of defect is powerful.
- Any admission by the company (e.g., “we are coordinating with technician”) proves they knew about the problem.
- Copy of the helpline complaint and response, showing their lack of resolution.
- Witness statement from a family member who saw the particles or heard the calls.
How Courts Typically Approach Such Cases
Consumer Commissions view these as clear deficiencies. When a company delivers a defective product and then ignores the consumer, the Commissions rarely entertain technical lock-in arguments. The approach is pragmatic: a consumer shouldn’t be hostage to a broken product. Rohan’s matter moved fast once the complaint was filed—the company knew its contract wouldn’t hold up. Expect the Commission to ask blunt questions: why didn’t you send a technician? The burden is on the company to prove the product was fit. Most such cases settle after the first hearing, but if they don’t, the Commission will pass an order within a few months.
Timeline of Legal Process
- Legal notice: 15–30 days for the company to respond.
- Filing complaint: 1–2 weeks to draft and file before the District Commission.
- Admission hearing: Within 2–4 weeks of filing, the Commission examines the complaint and issues notice to the opposite party.
- Reply: The company gets 30–45 days to file its written version.
- Evidence and arguments: Usually completed in 2–3 hearings over 2–3 months.
- Judgment: The Commission aims to dispose of the complaint within 3–5 months from filing, though practical timelines can stretch to 6–8 months.
- Execution: If the company doesn’t comply, you file an execution application, which takes an additional 1–2 months.
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 often it is. After a legal notice, many companies prefer to settle because a consumer complaint attracts publicity and a potential adverse order. Mediation is now a mandatory step under the Consumer Protection Act, 2019; at the first hearing, the Commission will refer the matter to mediation unless both parties object. If the company offers the refund and reasonable compensation, you can sign a compromise deed and withdraw the complaint. But don’t settle for less than your actual loss. In Rohan’s case, the company initially offered only the deposit back, but after mediation, they paid full compensation too. That’s the power of being inside the legal process.
Common Mistakes People Make
- Waiting too long to escalate—notices and complaints have limitation periods; procrastination weakens your hand.
- Relying only on phone calls and oral assurances; always demand a written record or confirmation email.
- Deleting app screenshots and chat logs after a few days, thinking they’re not needed.
- Accepting a partial refund or voucher without getting the settlement in writing and a full release.
- Posting the company’s name on social media while your case is pending—it can backfire and the company may use it to delay or complicate proceedings.
- Engaging an advocate without experience in consumer law. A general practitioner may not fully appreciate the strategic use of deficiency-of-service and unfair-trade-practice claims, leading to a weaker complaint and a longer fight.
FAQs People Normally Have
Is the national consumer helpline useless?
Not entirely, but it’s a conciliation platform. If the company doesn’t engage, the helpline can’t force a resolution. It’s a useful initial step, but don’t pin all hopes on it.
Can I claim compensation for mental agony?
Yes. The Consumer Protection Act explicitly allows compensation for mental harassment. Document the stress—bills for outside water purchases, emails showing repeated follow-ups, and any medical consultation if anxiety spiked. The Commission takes such claims seriously when they are backed by proof.
What if I lost the subscription agreement?
Your bank statement showing payment to Kent, along with the app’s order ID and any email confirmations, can establish the contract’s existence. Don’t worry; the contract’s terms are known to the company and they’ll produce their standard copy anyway.
How much time will it take to get my money back?
If the case settles in mediation, you could see the refund within 30–45 days from the legal notice. A contested complaint may take 5–7 months to a final order, and execution adds time. But it’s a certainty once you file, unlike an unending wait on a helpline.
Do I need to go to court physically?
Not necessarily. Consumer Commissions now allow virtual hearings. You can file online and appear via video conferencing. Still, having an advocate handle the arguments is wise.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India