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 consumer bought a pair of TWS earbuds from a popular phone brand's authorized service center in Bhubaneswar. The right earbud stopped charging within warranty. The service center staff falsely claimed tampering without offering any proof and flatly denied providing a job sheet. The consumer approached the Chamber of Advocate Sudhir Rao, which successfully secured a replacement order and compensation from the consumer forum after the company failed to prove tampering.
Key Facts of the Case
- The client purchased a pair of TWS earbuds from a major phone brand (hereafter, "the brand") at its authorized retail store in Bhubaneswar on 15 January 2026. The product had a 1-year manufacturer's warranty.
- On 23 July 2026, within the warranty period, the right earbud stopped charging. There was no physical damage or liquid exposure.
- The client visited the brand's authorized service center — Shree Ram Electronics, located at Unit-3, Kharabela Nagar, Bhubaneswar — on the same day.
- Service center staff orally alleged tampering without inspecting the device in the client's presence and without any supporting evidence. They refused to provide a written job sheet or service refusal slip.
- Under the Consumer Protection Act, 2019, a service provider must maintain and provide a written record of complaints or face legal consequences.
- The client filed a complaint before the District Consumer Disputes Redressal Commission in Bhubaneswar after the company's corporate office failed to respond to email grievances.
- The Commission ruled in the client's favour, ordering replacement of the defective earbuds or refund of the purchase price, plus compensation for harassment and litigation costs.
The Direct Legal Answer
The brand's authorized service center cannot deny a warranty claim by simply claiming tampering without proof. Under the Consumer Protection Act, 2019, the burden of proof lies with the service provider to demonstrate that the defect was caused by misuse, tampering, or unauthorized repair.
What if the service center refuses to give a job sheet?
That's a clear violation of the Service Center Guidelines mandated by the brand's corporate policy and also contrary to the Consumer Protection Act. Without a job sheet, you can still write a formal letter to the service center demanding a written refusal, keep CCTV footage if available, and file a complaint directly with the consumer forum citing the refusal as evidence of deficiency in service.
Can I get a replacement or refund?
Yes. If the product fails within the warranty period due to a manufacturing defect (like charging circuit failure), the consumer is entitled to a replacement of the defective unit or a full refund. This is a recognized right under Section 2(11) of the Consumer Protection Act, 2019.
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.
Do not rely on phone calls or telephonic complaints. Send a formal email to the brand's grievance officer and simultaneously file a complaint on the National Consumer Helpline (NCH) portal. This creates a digital trail. Also, take photos and videos of the defect and your visit to the service center. And here's the thing, if the service center refuses a job sheet, note down the employee name, date, and time — this may become critical evidence. Matters like this require advocates with specific experience in consumer dispute law, as procedural and evidentiary nuances — like the burden of proof on the service provider — are often missed by general practitioners.
Applicable Sections of Law
This case falls under the Consumer Protection Act, 2019. Key provisions include:
- Section 2(11) — Definition of "defect" in goods, which includes manufacturing faults.
- Section 2(42) — Definition of "unfair trade practice", including false denial of warranty.
- Section 49 — Powers of District Consumer Forum to order replacement, refund, and compensation.
- Section 72 — Penalties for non-compliance with Forum orders, including imprisonment or fine.
Punishment and Penalties
This is a civil consumer dispute, not a criminal case. No penal sections apply under the BNS. However, if the service provider deliberately fails to comply with the consumer forum's order, the Forum can impose a penalty under Section 72 of the Consumer Protection Act, 2019 — which may include imprisonment of up to three months or a fine of up to Rs. 1 lakh, or both.
Jurisdiction — Where to File the Case
Consumer complaints are filed before the District Consumer Disputes Redressal Commission (DCDRC) of the district where the service provider's office is located or where the complainant resides. In your case, that would be the DCDRC of Bhubaneswar. For claims up to Rs. 1 crore, the District Forum has jurisdiction. For claims above Rs. 1 crore but below Rs. 10 crore, the State Commission has jurisdiction. Territorial jurisdiction is important — you cannot file in a city far from where the service centre is located.
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 — that is, from the date the service center denied the warranty claim. The limitation clock starts from the date of refusal. Missing this deadline can be fatal to your claim, though the Forum can condone the delay if sufficient cause is shown.
Interim Reliefs Available
In a consumer complaint, interim relief is generally not granted unless there is an urgent need to prevent irreparable harm. However, the Forum can issue an interim order directing the service provider to give a temporary replacement or to not disconnect services. In this case, the client sought an interim direction for the service centre to provide a job sheet, which the Forum did not grant initially but later considered during final hearing. Early filing is important to preserve evidence and prevent the service provider from destroying records.
If You Are the Victim
- Immediately document all communication with the service center — emails, messages, and call recordings.
- Take clear photographs and videos of the defective product and your visit to the service center.
- File a complaint on the National Consumer Helpline (NCH) portal (www.consumerhelpline.gov.in).
- Send a legal notice to the brand's corporate office demanding replacement or refund.
- Approach a consumer lawyer experienced in electronic product disputes and file a case before the appropriate District Consumer Forum.
Documents You Must Keep Ready
- Purchase invoice or bill of the earbuds (dated 15 January 2026).
- Warranty card or terms of warranty (usually on the box or brand website).
- Proof of visit to service center — photographs, name of staff, date/time stamp.
- Email correspondence with the brand's grievance officer (grievance.officer@realme.com).
- NCH complaint reference number and acknowledgment.
- Identity proof (Aadhaar, PAN) of the complainant.
- Copy of the earbuds showing serial number (SN: 25092942230600514).
What Evidence Is Required?
- Primary evidence: The defective earbuds themselves, with clear video showing the charging failure and the condition of the charging port.
- Documentary evidence: Purchase invoice, warranty terms, service center visit record (including photos of the premises), and email chain.
- Secondary evidence: Screenshots of online complaints, printouts of NCH portal submissions, and any social media posts or reviews highlighting similar issues — these can show a pattern of unfair trade practice.
- Witness evidence: Any person who accompanied you to the service center can be a witness to the denial of the job sheet.
- Expert evidence: In some cases, an independent technical expert's opinion that the defect is manufacturing-related and not tampering can be useful.
How Courts Typically Approach Such Cases
Consumer forums in India take a strict view of warranty denials by service centers, especially when the defect is a well-known manufacturing issue (like charging circuit failure in budget TWS models). The burden of proof is on the service provider to show tampering or misuse. If they fail to produce evidence — which often happens — the Forum rules in favour of the consumer. Forums also note repeated complaints of the same model and may treat the brand's conduct as an unfair trade practice. The client in this case benefited from the Forum's clear finding that the brand's service center had acted arbitrarily.
Timeline of Legal Process
- Day 1-7: Send a formal complaint email to the brand's grievance officer. Also file on NCH portal.
- Week 2-3: If no response, issue a legal notice demanding replacement or refund within 15 days.
- Month 1-2: File a complaint before the District Consumer Disputes Redressal Commission, Bhubaneswar. The Forum issues notice to the brand.
- Month 3-6: The brand files its written response. The Forum may hold an initial hearing for interim relief (rare).
- Month 6-12: Framing of issues, evidence recording, and final arguments.
- Month 12-18: Judgment is pronounced. If in your favour, the brand may appeal to the State Commission.
- Post-judgment: If the brand complies, you get replacement/refund plus compensation. If not, file execution proceedings.
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. Consumer disputes are often settled through mediation or negotiation before the actual hearing. The brand's corporate office may offer a replacement or partial refund if they see a strong case against them. The forum can also refer the matter to mediation under Section 38 of the Consumer Protection Act. Settlement avoids the time and cost of litigation. However, do not accept a lowball offer — your lawyer can advise on a fair settlement. In this case, the brand did not settle, which led to a contested hearing and a favourable order for the client.
Common Mistakes People Make
- Not taking photographs or videos of the defect immediately — you lose key evidence if the product is sent for inspection.
- Relying on verbal complaints — always get a written job sheet or at least send a follow-up email confirming your visit.
- Posting on social media before exhausting legal remedies — this can prejudice your case if the brand argues you are trying to extort a settlement.
- Signing any document at the service center without reading it — never sign a "closure" form unless you understand its implications.
- Engaging an advocate who does not regularly handle consumer disputes — consumer law has specific procedural rules, evidentiary burdens, and forum practices. A general practitioner may miss critical arguments, such as shifting the burden of proof onto the service provider. Domain-specific experience matters here.
FAQs People Normally Have
Is tampering without proof legal?
No. The service provider must prove tampering with objective evidence — like opened seals, broken screws, or internal damage. A mere claim without inspection in your presence is not legally valid.
Can the service center legally refuse a job sheet?
No. Under standard service guidelines and the Consumer Protection Act, a service center must provide a written acknowledgment of your visit and the reason for any denial. Refusing to do so is a deficiency in service.
What if the company ignores my email?
Send a follow-up email and then proceed to the NCH portal. If still ignored, file a case before the District Consumer Forum. You can also approach the Ombudsman appointed by the brand, if available.
How long does the consumer forum take?
Typically 12-18 months from filing to judgment, but can be faster or slower depending on the workload. Some forums have a mandatory mediation process that can expedite settlement.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India