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 warranty replacement is approved and then the company says the product is discontinued, they cannot just give you a coupon for a basic product. You are entitled to a replacement of equal value and specifications, or a full refund. A consumer complaint can force them to comply, and you should not let their delays make your claim expire.
Key Facts of the Case
- A consumer purchased a pair of smart glasses from Spoyl India for ₹18,000 in November 2025.
- Within 7 months, the glasses developed a manufacturing defect while under the 1-year warranty.
- On 25 June 2026, Spoyl India approved the warranty replacement and issued a replacement coupon valid for one month.
- Only after approval, the store informed the consumer the model was discontinued and offered only a basic frame in exchange.
- The consumer refused – the product was purchased specifically for its smart features (Bluetooth audio, connectivity).
- Spoyl India later acknowledged in writing that a basic frame is not an acceptable replacement.
- Spoyl India promised a final update by 22 July 2026 but failed to provide any communication by 23 July.
- The consumer approached the Chamber of Advocate Sudhir Rao after three weeks of internal escalation got no result.
The Direct Legal Answer
Was it fair for Spoyl India to approve the replacement and only then say the product is discontinued?
No. This is an unfair trade practice under the Consumer Protection Act, 2019. A company cannot approve a claim and then change the terms. The approval creates a contractual obligation. The discontinuation of the product is their commercial problem, not yours. You bought a smart product, not just a frame.
Am I legally entitled to an equivalent smart glasses replacement?
Yes. Under the warranty terms and the Consumer Protection Act, you are entitled to a replacement of similar value and specifications. If no exact model exists, they must provide an equivalent product – not a downgrade to a basic frame. If they cannot, they must refund the full purchase price.
Can they let the replacement coupon expire because of their own delays?
Absolutely not. It would be unconscionable and another unfair trade practice. The one-month validity of the coupon is their internal timeline. Their failure to provide a resolution does not extinguish your substantive right to a replacement. A consumer forum will set aside such expiry easily.
Should I file a complaint immediately?
Yes. You have given them reasonable time. File a complaint with the National Consumer Helpline (NCH – 1915) first for mediation. If that does not yield a resolution within a week, file a formal complaint before the District Consumer Disputes Redressal Commission (DCDRC) having pecuniary jurisdiction. Your email trail is strong evidence.
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.
And here's the thing: Do not stop chasing them. Send a final email clearly stating that if they do not resolve within 48 hours, you will file a consumer complaint. Copy the email to their senior management – often that gets attention fast.
Save everything. Every email, screenshot of the portal, call recordings (with consent if required), the coupon details – all of it. This case is straightforward on facts. The law is on your side. The key is to act now, not wait further.
This category of matter involves understanding of warranty law, unfair trade practice definitions, and consumer forum procedures. An advocate who regularly handles consumer disputes will know exactly how to frame the complaint and what interim relief to seek. General practitioners may miss these nuances.
Applicable Sections of Law
This is a civil consumer matter governed by the Consumer Protection Act, 2019. The key provisions include:
- Section 2(47) – defines "unfair trade practice" including false representation and failure to provide the promised service.
- Section 49 – deals with circumstances where a product cannot be repaired or replaced, entitling the consumer to a refund.
- Section 38 – powers of the District Commission to order replacement, refund, and compensation for mental harassment.
- Section 72-74 – provisions relating to product liability and manufacturer's responsibility for defects.
The Limitation Act, 1963 also applies – a consumer complaint must be filed within two years from the date of the cause of action.
Jurisdiction – Where to File the Case
Consumer complaints are filed based on the value of the goods or services along with compensation claimed:
- District Consumer Disputes Redressal Commission: where the total value does not exceed ₹1 crore.
- State Commission: where value is between ₹1 crore and ₹10 crore.
- National Commission: for claims above ₹10 crore.
Territorial jurisdiction lies where the seller's registered office is situated OR where the consumer resides or works for gain. In this case, you can file at the District Commission in your city (consumer's residence). This is important because filing in the wrong forum leads to dismissal and wasted time.
Interim Reliefs Available
Even before the final hearing, a consumer forum can grant interim relief. Under Order 39 Rule 1 CPC read with Section 13 of the Consumer Protection Act, you can seek a temporary injunction to prevent the company from letting your replacement coupon expire. You can also seek a direction that the company provide an equivalent product or deposit the purchase price with the forum pending resolution. Interim orders in consumer cases are often passed quickly – within 2-4 weeks of filing – if the prima facie case is strong.
Limitation Period
Under the Consumer Protection Act, 2019, a complaint must be filed within two years from the date of the cause of action. Here, the cause of action arose when the company failed to provide the replacement despite approval (i.e., on or around 22 July 2026 when their promised deadline passed). You are well within time. However, delay beyond two years requires a formal condonation of delay application with sufficient reasons. Do not sit on this – file as soon as possible.
If You Are the Victim
- Stop giving the company more chances. You have been patient. Move to formal complaint now.
- File a complaint on the NCH portal (www.consumerhelpline.gov.in) or call 1915. This is a free mediation service.
- Draft a formal consumer complaint with all the email trail attached as annexures.
- Claim compensation for mental harassment, legal costs, and the time you have wasted. Do not just ask for the product – ask for damages too.
- Do not post on social media until you have filed the complaint. Your social media posts can be used against you by the company's lawyers.
Documents You Must Keep Ready
- Purchase invoice and payment proof (bank statement, credit card transaction, or UPI receipt).
- Warranty card or terms and conditions of the warranty.
- Complete email trail – from initial warranty claim to the failed promise of 22 July 2026.
- Screenshots of the replacement coupon and its validity details.
- Any written acknowledgment from the company that a basic frame is not acceptable.
- Call records or chat transcripts (with proper recording consent if applicable).
- Identity proof – Aadhaar, PAN card, or voter ID.
- Consumer complaint draft ready with all annexures indexed.
What Evidence Is Required?
- Primary evidence: The product itself (if still in your possession) showing the defect. Photos or videos of the malfunctioning smart glasses.
- Documentary evidence: All emails, WhatsApp chats, or written communications with the company.
- Replacement coupon: A copy showing approval and expiry date.
- Written acknowledgment: The email where the company stated that a basic frame is not a valid replacement.
- Broken promise evidence: The email where they promised a definitive update by 22 July 2026.
- Witness testimony: If any family member or friend was present when the defect was reported.
- Secondary evidence: Expert opinion from an electronics repair professional about the nature of the defect, if necessary.
How Courts Typically Approach Such Cases
Consumer forums view warranty approvals as binding contracts. If a company approves a claim and then fails to honour it, the forum typically treats the company's conduct as deficient service and an unfair trade practice. The burden shifts to the company to prove that the consumer refused a reasonable alternative. Courts are user-friendly in consumer matters – they often issue interim orders quickly and tend to grant the consumer the benefit of doubt. The email trail you have is strong documentary evidence. The key is to file before the limitation expires and to claim adequate compensation for the delay and harassment.
Timeline of Legal Process
- Step 1 – NCH mediation (free): Usually takes 7-15 days. The company may respond and offer a settlement.
- Step 2 – Filing formal consumer complaint: Drafting and filing takes 3-7 days. Court fee is minimal – typically a few hundred rupees.
- Step 3 – Notice to opposite party: Within 30 days of filing, the forum issues notice to the company.
- Step 4 – Written statement from company: Expected within 30-45 days of notice.
- Step 5 – Interim orders: Usually within 2-3 hearings (about 2-4 months from filing).
- Step 6 – Evidence and arguments: Another 3-6 months.
- Step 7 – Final judgment: Typically within 6-12 months from filing if no appeals are filed.
- Step 8 – Appeal: Either side can appeal to the 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, and it is often the fastest route. Once you file a consumer complaint, most companies settle because they know the forum will likely rule against them. You can negotiate a settlement through the NCH mediation process, directly with the company's legal team, or before the forum. In consumer cases, the forum can even record a compromise and pass a consent order. Settlement usually means the company provides an equivalent smart product or a full refund plus some compensation for your time. Make sure any settlement is in writing and you sign a withdrawal of the complaint only after the agreed terms are fully executed.
Common Mistakes People Make
- Engaging a lawyer without consumer law experience. Consumer forums have specific procedural rules and a different evidentiary standard. An advocate who handles property or criminal cases daily may not know how to frame a complaint or seek interim relief effectively.
- Waiting too long. The company will use your patience against you. They may argue that the delay shows the product was not urgently needed or that you accepted their offer.
- Deleting emails or chats. Never delete any communication. Archive everything.
- Accepting the basic frame "under protest." If you accept the basic frame even reluctantly, you may weaken your claim for a smart product or full refund.
- Posting on social media. Your posts can be used to argue that you defamed the company or that you are exaggerating. Keep the legal process separate.
- Not checking the company's registered address. Filing in the wrong jurisdiction leads to dismissal. Always verify the company's registered office from the Ministry of Corporate Affairs portal.
FAQs People Normally Have
What if the courier is damaged during transit?
If the product is damaged in transit and you have proof (photos/video of opening the box), the company is liable. They cannot reject the warranty claim due to shipping damage. You should immediately photograph the package and product.
Can I claim both replacement and compensation?
Yes. You can ask for a replacement of equivalent value and compensation for mental harassment, time wasted, and legal costs. The consumer forum can award both under Section 39 of the Consumer Protection Act.
How long does the NCH process take?
The NCH mediation typically takes 15-30 days. If the company does not respond or refuses to settle, the NCH issues a reference letter that you can attach to your formal consumer complaint – it helps your case.
What if the company files a false reply?
That is a serious issue. A false reply in a consumer forum can amount to contempt or perjury. Your email trail will disprove any false claim. Your advocate can also seek punitive damages for a false defence.
Do I need a lawyer for a consumer complaint?
You can file a complaint in person – consumer forums are user-friendly. However, for complex cases involving technical products, claim amounts over ₹5 lakh, or where the company has strong legal representation, a lawyer is highly advisable.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India