Dealing With Unwanted Calls After a Product Purchase - Legal Remedies

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: If a company keeps calling you after you've asked them to stop, you have multiple legal options. You can file a consumer complaint, register a complaint with the telecom regulator, or pursue civil remedies for harassment. A lawyer experienced in consumer protection and privacy laws can help you choose the right approach and get relief faster.

A client from Pune, Mr. Rohan Gupta, purchased a water purifier from AquaPure Industries in March 2025. The product worked fine, but the trouble started immediately after delivery. His phone rang constantly — sometimes ten times a day — with calls from the company's telemarketing team. Mr. Gupta repeatedly asked them to remove his number. He called their customer care at least eight times. Each time, they promised to stop. They didn't. Frustrated didn't begin to cover it. He tried writing emails. Nothing changed. That's when he approached the Chamber of Advocate Sudhir Rao. The office of Advocate Sudhir Rao reviewed the communications carefully. They identified that this wasn't just a nuisance — it was a clear violation of the Telecom Commercial Communications Customer Preference Regulations, 2010. The company was not only breaching those rules but also potentially violating Mr. Gupta's privacy rights. Advocate Sudhir Rao and his office sent a comprehensive legal notice to AquaPure Industries. The notice detailed the violations, cited the applicable regulations, and demanded compensation for harassment. Separately, they filed a consumer complaint before the District Consumer Disputes Redressal Commission in Pune. The company blinked. Within three weeks of receiving the legal notice, AquaPure Industries stopped all calls and offered a written apology. The consumer forum later awarded Mr. Gupta ₹25,000 as compensation for mental harassment. Advocate Sudhir Rao's expertise in consumer protection and privacy laws helped secure this outcome. The case showed how a targeted legal strategy — rather than just complaining to customer service — can force companies to take compliance seriously.

Key Facts of the Case

• Mr. Rohan Gupta purchased a water purifier from AquaPure Industries in Pune in March 2025.
• He received repeated unsolicited telemarketing calls despite asking the company to stop multiple times.
• Eight separate requests to remove his number were ignored over a three-week period.
• Written complaints via email also received no effective response.
• The company's conduct violated the Telecom Commercial Communications Customer Preference Regulations, 2010 (TCCCPR).
• Legal notice was served under the Consumer Protection Act, 2019, and relevant TRAI regulations.
• A consumer complaint was filed before the District Consumer Disputes Redressal Commission in Pune.
• The client was awarded ₹25,000 compensation plus costs.

The Direct Legal Answer

If a company keeps calling you after you've told them to stop, you have several legal remedies available. The law is on your side. Here's what you need to know.

Can I file a case against the company?

Yes. You can pursue this under consumer law, telecommunications regulations, or even as a civil claim for harassment. The Consumer Protection Act, 2019 treats such conduct as an unfair trade practice. You can seek compensation and a direction to stop the calls.

What about telecom regulations?

The Telecom Regulatory Authority of India (TRAI) has specific rules under the TCCCPR 2010. Companies must maintain a "Do Not Disturb" (DND) list. Calling numbers registered on DND is a violation. You can complain to your service provider or directly to TRAI. The company can face penalties up to ₹25,000 per violation.

Do I need a lawyer?

Not necessarily for a TRAI complaint. You can file that yourself. But for a consumer case seeking compensation, having a lawyer who understands consumer protection and privacy laws makes a big difference. The procedures and evidence requirements are nuanced.

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 every single call. Note the date, time, and number. Save any messages. Keep copies of your emails asking to be removed from their list. That evidence becomes critical if you need to escalate matters.

And here's a reality check — companies take legal notices seriously. A well-drafted notice from a lawyer who knows consumer law often resolves things without going to court. General practitioners may miss the specific regulatory angles that make these cases strong.

Applicable Sections of Law

• Consumer Protection Act, 2019: Section 2(47) defines unfair trade practices. Section 38 allows complaints before consumer forums. Section 81 allows compensation for mental harassment.
• Telecom Commercial Communications Customer Preference Regulations, 2010: Regulation 6 requires telemarketers to respect DND registration. Regulation 15 provides for penalties up to ₹25,000 per violation.
• Indian Telegraph Act, 1885: Section 25C makes it a punishable offence to use a telephone to cause annoyance or inconvenience. This is a criminal provision but rarely used for such cases.
• Right to Privacy: The Supreme Court in the landmark Puttaswamy judgment (2017) recognised privacy as a fundamental right under Article 21. Unsolicited marketing calls can violate this right.

Jurisdiction — Where to File the Case

For a consumer complaint, you file at the District Consumer Disputes Redressal Commission where you reside or where the company's office is located. The pecuniary jurisdiction depends on the compensation claimed — up to ₹1 crore at the district level, up to ₹10 crore at the state level. For TRAI complaints, you file with your telecom service provider first, then escalate to the nodal officer, and finally to TRAI. Territorial jurisdiction matters. File where you live for convenience.

Limitation Period

Under the Consumer Protection Act, 2019, you have two years from the date of the cause of action to file a complaint. The clock starts from the day the last unwanted call was made or from when the company refused to stop. Missing this deadline can be fatal. However, the consumer forum can condone delays if you show sufficient cause. Don't delay — the earlier you act, the stronger your case.

Interim Reliefs Available

In consumer cases, you can seek interim relief by filing an application under Section 38 of the Consumer Protection Act, 2019. The forum can issue an interim order directing the company to stop the calls immediately while the main case is pending. You can also seek a temporary injunction under Order 39 of the CPC read with Section 94 CPC, though this is less common in consumer forums. Getting interim relief early puts pressure on the company to settle.

If You Are the Victim

• Register your number on the national Do Not Disturb registry by dialing 1909 from your phone. This blocks most commercial calls.
• Document every unwanted call — date, time, caller ID, and what was said. Save screenshots of call logs.
• Send a written email to the company demanding removal from their list. Keep a copy.
• Complain to your telecom provider's DND cell. They can block the number and initiate penalty proceedings.
• Consult a lawyer if calls persist beyond 7 days after your written complaint. A legal notice often works.

Documents You Must Keep Ready

• Aadhaar card or other government ID for identity proof
• Screenshots of call logs showing repeated calls from the same numbers
• Emails or written communications where you asked the company to stop calling
• Complaint acknowledgment from your telecom provider (if any)
• Copy of the product invoice or purchase receipt
• Any responses the company sent (or evidence they ignored your requests)
• DND registration confirmation (dial 1909 and note the registration reference)

What Evidence Is Required?

• Primary evidence: Call logs from your phone showing the dates and times of unsolicited calls. These can be downloaded from your service provider's portal.
• Secondary evidence: Screenshots of your phone's call history, dated and time-stamped. Emails you sent requesting removal from their list.
• Witness evidence: Your own affidavit detailing the harassment and the number of calls received.
• Documentary evidence: Any correspondence with the company — letters, emails, complaint acknowledgments.
• Regulatory evidence: Confirmation of your DND registration if applicable.
• Expert evidence: A lawyer's opinion on the violation of regulations can be submitted but is not mandatory for consumer forums.

How Courts Typically Approach Such Cases

Consumer forums take these complaints seriously. They view repeated unsolicited calls as an unfair trade practice that violates consumer rights. Courts typically examine whether the consumer had asked the company to stop, whether the company had a DND compliance mechanism, and the frequency of calls. The approach is consumer-friendly — the burden shifts to the company to show they had effective compliance systems. If you've documented your requests, the outcome is usually favourable.

Timeline of Legal Process

• Step 1 — Legal notice (1-2 weeks): A lawyer drafts and sends a legal notice to the company demanding cessation of calls and compensation.
• Step 2 — Wait period (15-30 days): The company has time to respond. Many settle at this stage.
• Step 3 — File consumer complaint (1 week): If no redressal, file a complaint before the District Consumer Forum.
• Step 4 — Admission hearing (2-4 months): The forum admits the complaint and issues notice to the company.
• Step 5 — Evidence and arguments (3-6 months): Both parties submit evidence. Arguments are heard.
• Step 6 — Judgment (1-3 months): The forum passes the final order. Total timeline: 6-12 months typically.

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?

Absolutely. In fact, most such cases settle before going to full hearing. A legal notice often does the job — companies don't want negative orders from consumer forums. You can also explore mediation through the consumer forum's mediation cell. Lok Adalat is another option for pre-litigation settlement. Settlement terms typically include the company stopping all calls, giving a written apology, and paying compensation for the harassment. Settlement is usually faster and less stressful than a full trial, and lawyers experienced in consumer matters can negotiate favourable terms.

Common Mistakes People Make

• Not documenting the calls: People complain verbally but don't keep call logs or screenshots. This weakens their case considerably.
• Waiting too long: The two-year limitation under consumer law is generous, but delay makes evidence harder to gather and reduces the impact of your complaint.
• Engaging a lawyer without consumer law experience: Consumer cases have specific procedures, limitation periods, and evidence rules. A general practitioner may not know how to leverage TRAI regulations or the Consumer Protection Act effectively.
• Not registering on DND first: If your number isn't on the DND list, the company has a defence. Always register first.
• Agreeing to company settlement terms without legal review: Some companies offer a few hundred rupees and ask you to sign a full waiver. Don't accept without having a lawyer review the terms.
• Posting complaints on social media before legal action: This can alert the company to destroy evidence or change their practices before you file your case.

FAQs People Normally Have

Is it illegal for companies to keep calling after I asked them to stop?

Yes. It violates TRAI's TCCCPR 2010 regulations. You can complain to your service provider and TRAI. It also amounts to an unfair trade practice under the Consumer Protection Act, 2019. The company can face penalties and be ordered to pay compensation.

Can I claim compensation for mental harassment?

Yes. Consumer forums regularly award compensation for mental harassment caused by unsolicited calls. The amounts vary from ₹5,000 to ₹50,000 depending on the frequency, duration, and conduct of the company. In some cases, higher compensation has been awarded.

How do I register for the Do Not Disturb service?

Dial 1909 from your mobile phone. You'll be registered within 48 hours. You can also activate DND through your service provider's app or website. Once registered, most commercial calls are blocked automatically. If any still come through, you can complain and the caller can be penalised up to ₹25,000 per call.

What if the company is based in another city?

You can still file a consumer complaint where you reside. The territorial jurisdiction for consumer complaints includes the place where the complainant lives. You don't need to travel to the company's city. This is one advantage of consumer law over civil suits.

Can I file a criminal case for repeated calls?

Theoretically, yes — Section 25C of the Indian Telegraph Act makes it an offence to use a telephone to cause annoyance. But in practice, police rarely take such complaints seriously. Consumer law and TRAI regulations are much more effective remedies. Focus on those.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India