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: When a mobile manufacturer or its service centre fails to address a battery bulge issue and falsely claims repair without completion, you have strong consumer rights. The Consumer Protection Act, 2019 provides remedies for deficiency in service and unfair trade practices. Filing a complaint before the District Consumer Disputes Redressal Commission is the most effective route, but document everything first.
The client, Mr. Rohan Mehta from Koramangala, Bengaluru, bought a Micromax In 5G handset in June 2024. Around mid-April 2025 — the 23rd month — he noticed the battery bulging dangerously. He contacted Micromax customer care via their online form on a Monday. By Wednesday, a representative acknowledged the issue and assigned Mi Service Centre (authorised partner) to visit. A technician called Thursday, took the IMEI number, and promised a visit the following Tuesday once a battery arrived. Tuesday came and went — no visit. When Mr. Mehta called back Wednesday, the technician told him to find a local repair shop, then started requesting OTPs for the next three days to close the ticket. Mr. Mehta refused. Meanwhile, Micromax kept sending false "technician on the way" messages. Eventually, they closed the ticket as "repair completed" — without ever touching the phone. The company later claimed the battery was discontinued. Local repair shops refused help after the company told them not to interfere. Mr. Mehta then approached the Chamber of Advocate Sudhir Rao. Advocate Sudhir Rao's expertise in consumer law and product liability cases helped him draft a strong notice under the Consumer Protection Act. The office sent a legal demand to Micromax and simultaneously filed a consumer complaint before the Bengaluru Urban District Consumer Disputes Redressal Commission. The commission issued notice, and within two hearings, Micromax agreed to replace the device with a new equivalent model and pay ₹5,000 as compensation for harassment. The matter was settled with a consent order.
Key Facts of the Case
- The battery bulge appeared in the 23rd month of purchase, just before the standard two-year warranty period ended.
- The authorised service centre never physically inspected or replaced the battery.
- The company closed the complaint ticket as "repair completed" without the customer's knowledge or consent.
- Micromax told local repair shops not to service the phone — effectively blocking alternative repairs.
- The company claimed the battery was discontinued, but replaced the entire device after legal notice.
- The District Consumer Commission issued notice within 14 days of filing the complaint.
- The case was resolved through a consent order — device replacement plus compensation.
The Direct Legal Answer
If a company falsely claims repair is done and closes your ticket without resolving the issue, that is a clear case of deficiency in service and unfair trade practice under the Consumer Protection Act, 2019. You have every right to demand a replacement or full refund, plus compensation for the harassment.
Can the company just say the battery is discontinued and refuse help?
No. A manufacturer is required to provide spare parts and service support for a reasonable period after sale — typically the product's expected lifespan. For a mid-range smartphone, that's at least three to four years. Claiming a battery is discontinued in under two years is often an unfair trade practice.
What if the service centre asks for an OTP to close the ticket?
Never share an OTP unless the work is done to your satisfaction. The OTP is a confirmation mechanism. Sharing it when the battery isn't replaced gives the company proof of "completed repair" — which is exactly what happened here. Stick to your refusal.
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.
Send a formal legal notice to the manufacturer before filing a consumer complaint. This shows you mean business and often leads to a pre-litigation settlement. Document every interaction — save emails, screenshot chat logs, record call dates and names of representatives. The stronger your paper trail, the faster the commission will act. Consumer matters involving product defects and service centre misconduct require an advocate who regularly handles consumer forum litigation — the procedural rules and evidence requirements differ significantly from civil suits.
Applicable Sections of Law
- Section 2(11) of the Consumer Protection Act, 2019 — defines "deficiency" in service, covering failure of the service centre to perform the promised repair.
- Section 2(47) of the Consumer Protection Act, 2019 — defines "unfair trade practice," which includes falsely representing that services have been performed.
- Section 35 of the Consumer Protection Act, 2019 — provides for filing a complaint before the District Consumer Disputes Redressal Commission for claims up to ₹1 crore.
- Section 38 of the Consumer Protection Act, 2019 — empowers the commission to order replacement of goods, refund of price, and compensation for loss or injury.
- Section 89 of the Consumer Protection Act, 2019 — makes product manufacturers liable for defects causing harm, including battery bulge risks.
Jurisdiction — Where to File the Case
For a mobile phone costing less than ₹1 crore, the complaint must be filed before the District Consumer Disputes Redressal Commission of the district where the purchase was made, where the service centre is located, or where the consumer resides. Here, Mr. Mehta filed in Bengaluru Urban District Commission. Territorial jurisdiction matters — if you file in the wrong district, the commission may return the complaint, causing delay. Pecuniary jurisdiction is straightforward: District Commission for value up to ₹1 crore, State Commission for ₹1 crore to ₹10 crore, and National Commission for above ₹10 crore.
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. Here, the cause of action arose when the service centre falsely closed the ticket and refused replacement — around late April 2025. That gives the complainant until late April 2027. However, courts at all levels have discretion to condone delay if sufficient cause is shown. Don't wait — file as soon as you exhaust the company's internal grievance mechanism.
Interim Reliefs Available
In consumer cases, interim reliefs are limited compared to civil suits. However, the commission can issue directions for preserving the defective product — for instance, an order not to dismantle or alter the phone. In urgent cases involving safety hazards like a bulging battery, the commission can direct the company to provide a temporary replacement or remove the defective product. The real power of interim relief under the Consumer Protection Act lies in the commission's ability to issue notice and call for an early hearing — which itself pressures companies to settle.
If You Are the Victim
- Stop using the phone immediately — a bulging lithium-ion battery can catch fire or explode.
- Do not share OTPs or sign any closure confirmation unless the repair is actually complete.
- Keep the phone in its original condition — do not open it or take it to a local repair shop.
- Send a formal email to the company's escalated grievance desk, not just customer care.
- Approach the District Consumer Commission or consult an advocate for a legal notice.
Documents You Must Keep Ready
- Purchase invoice or receipt of the mobile phone
- Warranty card or documentation
- Photographs and videos of the bulging battery
- Email and chat logs with customer care
- Screenshots of SMS updates (especially "technician on the way" and "repair completed")
- IMEI number details from the phone box or settings (if accessible)
- ID proof of the consumer (Aadhaar, PAN)
- Any written communication from the company refusing battery replacement
What Evidence Is Required?
- Primary evidence: the defective phone itself showing the bulging battery — ideally in a sealed bag kept away from heat
- Documentary evidence: purchase invoice, warranty, customer care tickets, email correspondence
- Electronic evidence: screenshots of SMS and call logs, recorded call conversations (if legally obtained with consent)
- Witness evidence: anyone who saw the battery bulge or witnessed the service centre's conduct
- Expert evidence: a report from an authorised service centre or independent technician confirming the battery defect (though not mandatory, it strengthens the case)
- Secondary evidence: bank statement showing payment for the phone or service charges claimed
How Courts Typically Approach Such Cases
Consumer commissions generally take a pro-consumer stance, especially when the facts show clear deception. The commission will examine whether the company provided the promised service — here, the false "repair completed" closure is a red flag. They look for a pattern: the company's failure to supply a replacement battery within a reasonable time, misleading OTP requests, and blocking third-party repairs. If the product was under warranty when the defect arose, the burden shifts to the manufacturer to prove they made a genuine attempt to repair. Most consumer commissions in India view battery bulge as a serious safety issue and are inclined to order replacement or compensation swiftly.
Timeline of Legal Process
- Step 1 – Legal notice: 7-14 days for the company to respond.
- Step 2 – Filing complaint: Drafting and filing takes 1-2 days with an advocate.
- Step 3 – Commission admission: Usually within 7-21 days after filing.
- Step 4 – Notice to opposite party: 30-45 days for service of summons.
- Step 5 – Written statement: Company typically files within 30 days of receiving notice.
- Step 6 – Evidence and arguments: 2-4 months for affidavits and oral submissions.
- Step 7 – Order: Many cases resolve within 6-12 months from filing if both sides cooperate.
- Step 8 – Appeal: Any party can appeal to State Commission within 30 days.
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 resolved through mediation or direct settlement. The Consumer Protection Act encourages pre-litigation mediation through the District Mediation Cell. Even after filing, the commission can refer the matter to mediation under Section 80 of the Act. A consent order — as obtained here — is the cleanest outcome: the company agrees to replace or repair, and pays compensation. No long hearings. Settlement is especially advisable when the company offers a reasonable replacement or refund, because consumer litigation, though effective, does take time. Ensure any settlement is recorded in writing before the commission — oral promises mean nothing.
Common Mistakes People Make
- Sharing the OTP or signing closure confirmation before work is completed — this kills your legal evidence.
- Waiting too long after the warranty expires — file as soon as the company refuses or delays.
- Opening the phone or taking it to an unauthorised repair shop — this voids the warranty and weakens your case.
- Engaging an advocate who does not regularly handle consumer forum matters — consumer law has specific procedural rules, evidence requirements, and a different mindset compared to civil courts. A general practitioner may miss deadlines or fail to frame the complaint correctly, leading to dismissal or delay.
- Not documenting everything — verbal communications vanish. Get everything in writing.
- Posting on social media instead of filing a formal complaint — it may vent frustration but rarely gets the phone replaced. Formal legal steps do.
FAQs People Normally Have
Can I claim compensation for the harassment?
Yes. The Consumer Protection Act explicitly allows the commission to award compensation for the loss or injury suffered due to the negligence of the service provider. In this case, compensation for mental agony and wasted time is routinely granted.
What if the company says the battery is discontinued and no longer available?
That is an unfair trade practice for a product within its expected lifespan. The commission can direct the company to either source the part or replace the entire device with a comparable model. Companies are expected to maintain spare parts inventory for at least three years post-launch.
Do I need a lawyer for a consumer complaint?
Technically, you can file a complaint yourself. Practically, having an advocate who knows consumer forum procedure — drafting the complaint, serving notice, arguing at admission — makes the process faster and increases your chances of recovering compensation. Most cases with a lawyer settle faster simply because the company's legal team takes the matter seriously.
What if the phone is out of warranty?
A battery bulge appearing after the warranty period does not automatically mean you have no case. If the defect arose from a manufacturing issue (e.g., defective battery chemistry), product liability still applies. The Consumer Protection Act's product liability provisions under Sections 82-87 can hold the manufacturer liable for harm caused by a defective product even outside warranty — but you must prove the defect existed at the time of sale.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India