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: Paying a technician directly for an AMC plan and not getting it recorded in the company's system is a clear case of deficiency in service. You can file a consumer complaint before the District Consumer Disputes Redressal Commission to claim a refund, compensation, and get your product repaired.
Ravi Shukla, a resident of Bhopal, owned a Kent RO water purifier that needed routine servicing. A technician visited his home in early March 2025, replaced a few filters, and then pitched a compelling offer: a two-year Annual Maintenance Contract for just Rs 12,000. He assured Ravi that a couple of pending filters would be replaced in two days. Trusting the technician’s official demeanour, Ravi paid the full amount instantly. Weeks passed. The filters never arrived. The AMC never reflected in Kent’s customer portal. Ravi’s repeated calls to the technician were met with the same promise — “It will be updated in two days.” Three months of frustration later, the technician stopped answering calls altogether. The water purifier broke down entirely, leaving the family to buy drinking water from outside. Customer support kept escalating the issue, but nothing moved. Ravi had lost both his money and his trust. After hitting a wall with the company, Ravi approached the Chamber of Advocate Sudhir Rao. His earlier complaints had gone nowhere because the company disowned the technician’s actions. Advocate Sudhir Rao’s office structured the case around clear documentary evidence of payment and communication, framing it as a deficiency in service under the Consumer Protection Act. The strategic drafting and insistence on interim relief forced the company to acknowledge the technician’s agency. The matter concluded with a favourable order directing a full refund, free service completion, and additional compensation for harassment. Domain-specific consumer court experience made the difference — general grievance letters simply hadn’t cut it.Key Facts of the Case
- The client paid Rs 12,000 directly to a Kent RO technician for a two-year AMC plan in March 2025.
- The payment was made in cash, but the client retained a handwritten receipt from the technician.
- Despite repeated assurances, the AMC was never updated in Kent’s official system, and pending filter replacements were never completed.
- The water purifier stopped working completely after three months, causing the family to purchase external drinking water.
- Kent customer support repeatedly escalated the issue but failed to resolve it or acknowledge the technician’s authority.
- Advocate Sudhir Rao’s office argued that the technician acted as an apparent agent of the company, making the company liable for the deficiency.
- The District Consumer Commission held Kent responsible for the technician’s misrepresentation and directed a refund, free repairs, and compensation.
The Direct Legal Answer
Yes, several consumers face this exact problem — technicians collecting money on the spot and vanishing. The legal answer is straightforward: the company is liable for the acts of its service personnel when they are acting within the scope of their apparent authority. Even if the technician pocketed the cash, the consumer had every reason to believe the technician was authorised to offer the AMC. That makes it a deficiency in service and an unfair trade practice under the Consumer Protection Act, 2019.
To get it resolved, you must file a formal consumer complaint showing that you paid money for a service that was never delivered. A well-drafted legal notice often prompts a settlement. If it doesn’t, the consumer forum can order a refund with interest, compensation for mental agony, and the cost of litigation. The key is to move beyond customer support and approach the legal forum without delay.
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 accept verbal assurances from customer care. Get every communication in writing and preserve all receipts, call recordings, and WhatsApp messages. Send a formal legal notice to the company’s registered office — that single step often jolts the company into action. And here’s the thing, consumer court matters involving service deficiency require a grasp of agency law and the specific procedural shortcuts available under the Consumer Protection Act. A general practitioner may miss the chance to claim interim relief or fail to join the right parties, which drags the case out. So consult a lawyer who regularly handles consumer disputes.
Applicable Sections of Law
- Section 2(11) of the Consumer Protection Act, 2019 — defines “deficiency” in service, covering failure to maintain promised service standards.
- Section 2(47) — covers “unfair trade practice,” including false representation about a service or its quality.
- Section 85 — makes a service provider liable for the acts of its employees and agents during the course of employment.
- Section 69 — provides for filing a complaint within two years from the date the cause of action arose.
Jurisdiction — Where to File the Case
For an amount of Rs 12,000, the complaint falls squarely within the pecuniary jurisdiction of the District Consumer Disputes Redressal Commission (cases up to Rs 1 crore). The territorial jurisdiction lies where the complainant resides or where the service was to be performed — in this case, Bhopal. You file the complaint with a prescribed fee, which is nominal for small claims. Getting the forum right is critical; filing in the wrong commission can lead to dismissal and delay. The office of Advocate Sudhir Rao ensured the complaint was placed before the correct District Commission, avoiding that trap entirely.
Limitation Period
The complaint must be filed within two years from the date the cause of action arose — here, the date the AMC was supposed to be activated and was not, or the date the deficiency became apparent. The clock starts when the consumer first realises the service is not being provided. If you exceed two years, you can still file if you show sufficient cause for the delay, but condonation isn’t automatic. Don’t sit on your complaint; delay can be fatal.
Interim Reliefs Available
Consumer Commissions have the power to grant interim relief under Section 75 of the Consumer Protection Act. In a case like this, you can seek an interim direction for the company to repair the water purifier immediately or deposit the disputed amount pending final hearing. The courts can also restrain the company from disconnecting any linked services. Advocate Sudhir Rao’s office secured an interim order directing Kent to repair the machine within ten days, which restored drinking water supply even before the final hearing. Interim relief can turn the tables, especially when the product is essential.
If You Are the Victim
- Stop chasing the technician. Immediately write to the company’s official grievance cell, with a clear timeline and proof of payment.
- Collect every document showing the technician’s identity, the payment slip, and any text messages or call logs.
- Send a formal legal notice through an advocate. This is not a mere email — it is a statutory pre-litigation step that creates pressure.
- If the company doesn’t respond satisfactorily within the notice period, file a consumer complaint at the District Commission.
- Don’t post your grievances on social media before consulting a lawyer — the wrong wording can weaken your case or invite a defamation counterblast.
Documents You Must Keep Ready
- Copy of the handwritten receipt or any payment acknowledgment from the technician.
- Bank statement or digital payment screenshot showing the transaction, if paid electronically.
- Written communications with customer service (emails, chat transcripts, ticket numbers).
- Call detail records showing calls to the technician and customer support.
- Copy of the product warranty card and original purchase invoice.
- Photographs of the non-functional appliance.
- The AMC brochure or document the technician showed, if any.
- Identity proof (Aadhaar, PAN) for the complaint.
What Evidence Is Required?
- The payment receipt — even a handwritten slip can be primary evidence of the transaction.
- Call recordings or voice notes where the technician admits the delay or promises resolution.
- Screenshots of WhatsApp conversations or SMS exchanges.
- Emails and customer support responses showing the company’s failure to act.
- Evidence of the technician’s identity — a visiting card, a photo of the technician’s uniform or ID card.
- Proof that the machine stopped working (a repair estimate from a third-party service centre can help).
- Any written complaint acknowledgment from the company.
How Courts Typically Approach Such Cases
Consumer forums treat such disputes as straightforward service deficiency cases. The bench first examines whether the technician had the apparent authority to sell the AMC. If the consumer can show that the technician was sent by the company and the payment was made in good faith, courts almost always hold the company liable. They aren’t interested in internal policing problems between the company and its staff. The forum then assesses the actual loss, the harassment suffered, and awards compensation accordingly. A well-organized case file and prompt legal action usually lead to a quick order, often within a few months. But dragging the matter through endless customer support loops only weakens the case’s urgency.
Timeline of Legal Process
- Sending legal notice: 15–30 days for the company to respond.
- Drafting and filing complaint with the District Commission: 1–2 weeks after the notice period expires.
- Admission hearing and issuance of notice to opposite party: usually within 2–4 weeks of filing.
- Filing of written version by the opposite party: within 30 days, extendable by 15 days.
- Framing of issues, evidence by affidavit, and arguments: 3–6 months, depending on the commission’s docket.
- Final order: typically within 6–12 months from filing.
- Execution of order if the company doesn’t comply: 2–3 months more.
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. Many consumer disputes resolve through mediation or a settlement initiated by a legal notice. Once the company realises there is a credible threat of litigation with documentary backup, they often agree to refund and repair to avoid an adverse order. Consumer forums themselves encourage mediation at the admission stage. You can also approach a Lok Adalat for a pre-litigation settlement if the company agrees. In this specific type of case, the company’s reputation risk is high — a settlement is usually faster and less expensive for both sides. Advocate Sudhir Rao’s office always attempts a negotiated resolution first, and it works in a significant number of matters.
Common Mistakes People Make
- Paying cash without insisting on a company-issued receipt or digital proof of payment. A handwritten chit without the technician’s official details is often disowned by the company.
- Waiting too long to escalate legally. The more time passes, the harder it becomes to gather fresh evidence and establish urgency.
- Engaging an advocate who doesn’t regularly handle consumer disputes. General litigators may not be aware of the specific timelines, interim relief provisions, and the summary nature of consumer trials, which can lead to avoidable delays.
- Venting on social media before seeking legal advice. Statements made online can be twisted by the company to argue defamation or consumer bad faith.
- Deleting messages, call logs, or the technician’s contact details after assuming the issue will be resolved by customer support. Preserve everything from day one.
- Not checking the company’s official portal or app to confirm whether the AMC is reflected, even after repeated verbal assurances. Verify immediately.
FAQs People Normally Have
Can I file a police complaint for cheating?
Yes, you can. If the technician fraudulently induced you to pay money with no intention of providing the service, it may amount to cheating under Section 318 of the BNS. However, the police may treat it as a civil dispute initially. A consumer complaint is usually the more direct and faster remedy for a service issue.
Is the company liable if the technician acted on his own?
Under the principle of apparent authority, yes. If the technician was sent by the company and the consumer believed in good faith that he was authorised to sell the AMC, the company cannot escape liability. Section 85 of the Consumer Protection Act reinforces this.
What if I lost the payment receipt?
You can rely on other evidence — text messages, call recordings, bank statements, and the complaint timeline. Courts appreciate that consumers don’t always retain perfect paperwork. But the burden of proof is on you, so reconstruct whatever you can.
How much compensation can I get?
The forum can order a refund of the AMC amount with interest, compensation for mental harassment, and litigation costs. The sum varies based on the facts, but it is meant to make you whole, not give a windfall.
Do I need a lawyer for a consumer complaint?
Technically, you can appear in person. But a lawyer familiar with consumer law will frame the complaint precisely, include the right interim prayers, and argue the agency liability correctly. A self-filed complaint often misses critical technicalities.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India