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 retailer who delivers a replacement without giving you any written instruction to keep the faulty product cannot later accuse you of “illegal possession” if you dispose of it. This is a civil consumer dispute, not a criminal offence, and the company’s own failure to collect or document the return weakens their case significantly. A carefully drafted reply usually puts the matter to rest.
Mr. Rohan Sharma bought a Prestige gas cooktop from a Vijay Sales store in Indore in June 2025. The appliance developed a fault within a few months. Because a spare part wasn’t available, Vijay Sales approved a full replacement. The new cooktop was delivered to his home in April 2026. The delivery team handed over the sealed box and left. They took nothing back. No one gave Rohan a pickup receipt, a return slip, or even an oral request to hold on to the defective unit. No SMS, no email, no WhatsApp message followed. Months passed. Rohan retained the old, damaged cooktop for over eight weeks, but no communication came from the store. With a small kitchen and the item sitting useless, he eventually cleared it out. Then, in June 2026, the local store called — asking him to bring back the defective product. When Rohan explained it was gone, the store manager escalated sharply. A legal notice landed at his door within days, accusing him of “illegal possession” and “malafide intentions,” threatening both civil and criminal proceedings if he didn’t return the product in three days. Rohan first approached a general practitioner who told him the notice was serious and he might face police action. That rattled him. He then approached the Chamber of Advocate Sudhir Rao, where the matter was quickly identified as a pressure tactic with no criminal foundation. Advocate Sudhir Rao and his office drafted a reply setting out the factual timeline, highlighting the complete absence of any written instruction or pickup arrangement, and pointing to the deficiency in service under the Consumer Protection Act, 2019. The matter was resolved without any court proceeding: the retailer backed off without an apology but also without any further legal threat. Advocate Sudhir Rao’s experience in consumer disputes helped the client secure this quiet outcome.Key Facts of the Case
- The product was replaced in April 2026, but the old unit was not collected at the time of delivery.
- No written communication, pickup schedule, or return receipt was ever issued to the buyer.
- The buyer retained the defective appliance for nearly two months before disposing of it.
- The legal notice alleged “illegal possession” and “malafide intentions,” with a 3-day deadline to return the item.
- The notice contained no evidence of any prior demand or instruction to retain the product.
The Direct Legal Answer
Does this amount to “illegal possession” under Indian law?
No. Illegal possession requires that you are holding someone else’s property without any lawful basis or against their express demand. Here, the product was left in your custody by the company. You didn’t steal or misappropriate it. The moment they replaced the cooktop and walked away without collecting the old one, they effectively abandoned possession or, at worst, created a situation of their own making. There’s no criminal trespass here.
Can this become a criminal case?
Almost certainly not. To attract criminal liability, they would need to prove an offence like criminal breach of trust or theft. Section 303 of the Bharatiya Nyaya Sanhita (BNS) covers criminal misappropriation, but that applies only when you dishonestly convert someone else’s property for your own use. You acted in good faith. Without any written demand to retain the item, the essential ingredient — dishonest intention — is missing. This is a civil consumer dispute, not a police matter.
Does their failure to collect the product weaken their position?
Significantly. The company had the opportunity to collect the defective unit at the time of delivery. They didn’t. They sent no follow-up. The burden was on them to make reasonable arrangements. Their omission to do so, combined with a lack of documentation, heavily undercuts any claim that you acted wrongfully.
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.
Never ignore such a notice. A reply must be sent, placing on record that no pickup was arranged and no written instruction was given. Keep it factual. Avoid emotional language. Gather all your proof — purchase invoice, replacement confirmation, and any call logs. This type of matter also demands an advocate who regularly handles consumer disputes, because the procedural and evidentiary strategies under the Consumer Protection Act differ considerably from ordinary civil suits.
Applicable Sections of Law
- Section 2(11) of the Consumer Protection Act, 2019 – Defines “deficiency in service,” which covers the failure to collect the defective product after replacement.
- Section 35 of the Consumer Protection Act, 2019 – Allows a consumer to file a complaint before the District Consumer Commission for any deficiency or unfair trade practice.
- Section 303 of the Bharatiya Nyaya Sanhita (BNS) – Criminal misappropriation; requires dishonest intention, which is absent here.
- Section 38(12) of the Consumer Protection Act, 2019 – Vests consumer commissions with power to pass interim orders, including injunctions, to protect the consumer pending the final decision.
Limitation Period
A consumer complaint must be filed within two years from the date on which the cause of action arises, as per Section 35 of the Consumer Protection Act, 2019. In this scenario, the cause of action would date from when the company first demanded the return of the old product — likely the date of their phone call or the legal notice itself. Missing this two-year window can be fatal, though the consumer commission has the discretion to condone delay if sufficient cause is shown. So act without unnecessary delay.
Interim Reliefs Available
If the company does file a suit or a consumer complaint, you can approach the consumer commission for interim protection. Under Section 38(12) of the Consumer Protection Act, 2019, the commission can grant an injunction restraining the other party from taking coercive steps pending final disposal. You may also apply for a status quo order to prevent harassment. In a civil suit, Order 39 Rule 1 of the Code of Civil Procedure allows temporary injunctions. These interim orders are crucial — they shield you from abrupt action while the main matter is heard. A seasoned consumer lawyer will move such applications at the earliest possible stage.
How Courts Typically Approach Such Cases
Consumer forums and civil courts look at the conduct of the parties. Here, a judge would focus on the silence of the retailer for two months, the absence of any written direction, and the practical reality that a defective appliance is worthless to the consumer. Courts do not readily entertain claims where the claimant’s own inaction created the problem. They are also wary of notice language that overstates criminal liability to extract a settlement. The company’s failure to document a pickup request is likely to be considered a serious deficiency in service.
Timeline of Legal Process
- Legal notice and reply — 2 to 4 weeks for exchange of notices, often resolving the matter.
- Filing of consumer complaint — Admission and issuance of notice by the District Commission, about 1 to 2 months.
- Written statement and rejoinder — Another 1 to 2 months.
- Evidence and arguments — The commission may take evidence by way of affidavits; hearings stretch over 4 to 6 months depending on the docket.
- Final judgment — Usually within 6 to 12 months of filing, though delays can occur.
- Execution of order — If the order is not complied with, execution proceedings can take a few 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?
Yes, and that’s often the best outcome. Consumer disputes are settled through mediation or negotiation all the time. Under Section 38(1) of the Consumer Protection Act, 2019, the commission may refer parties to mediation. A well-drafted reply notice that lays out the facts and the absence of any wrongdoing frequently pushes the other side to back down. Avoid a compromise that admits any fault on your part. Let the settlement record that the notice is being withdrawn unconditionally.
Common Mistakes People Make
- Ignoring the legal notice entirely, thinking it will go away. Silence can be interpreted as an admission.
- Calling the store and having an emotional, unstructured conversation. This can be recorded and used against you.
- Destroying or losing the purchase invoice and replacement delivery note.
- Attempting to file a police complaint without legal guidance — this often wastes time and muddies the record.
- Handing the matter to an advocate who does not regularly handle consumer disputes. Procedural strategies under the Consumer Protection Act and the art of drafting a precise reply are different from ordinary civil litigation, and a general practitioner may miss the evidentiary nuances that make the case.
FAQs People Normally Have
Can they really file a criminal case against me?
Extremely unlikely. No dishonest intent is visible when you simply cleared an old, faulty item that nobody asked you to keep. The police would generally refuse to register an FIR in such a matter because there’s no prima facie offence.
What if I don’t reply to the notice?
The company may take your silence as a default and escalate to a consumer complaint or even a civil suit. A reply shuts down that possibility early.
Should I offer to pay for the disposed product to settle the issue?
No. Making an unsolicited payment can be seen as admitting that you were at fault. Wait for your lawyer’s advice.
Can I file a complaint against the company for harassment?
Possibly. If the notice is malicious and causes mental agony, you could claim damages for deficiency in service or unfair trade practice. But this is a separate step and needs careful evaluation.
Is this covered under standard warranty?
It’s not about warranty. It’s about the company’s failure to arrange collection after a replacement, which falls squarely under after-sales service deficiencies.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India