If you are stuck in such a situation, here is what to do.

Mr. Kumar purchased a brand new Apex 45-inch Ultra HD Smart TV on March 15, 2024, from the popular e-commerce platform, MegaMart Online. His excitement soon turned to frustration when, within the first week, the TV’s remote began to malfunction. More concerningly, the television would randomly restart itself during operation. Anticipating a dispute, Mr. Kumar wisely recorded video evidence of these malfunctions.

He promptly reported the issue to MegaMart Online, which in turn logged a service complaint with the brand’s official service partner, ConnectCare Services. On March 25, Mr. Kumar received a text message from ConnectCare with a complaint number, MH240325*****, assuring him of a resolution within 24 to 48 hours. However, this promise was not kept. After five days of silence, he called ConnectCare, where a representative promised to escalate the matter. Still, no technician contacted him.

By late April, having heard nothing, Mr. Kumar called ConnectCare again. This time, he was given the number of a local service center. When he called, the person on the other end initially denied any affiliation with Apex Electronics, claiming they only serviced another brand. After Mr. Kumar insisted, someone else took the phone and assured him a technician was on their way. The very next day, he received a message stating his service request had been closed due to his failure to respond to calls or texts—a claim he contests.

Frustrated, he contacted ConnectCare once more, who arranged a conference call with the local service provider. The representative from the local center denied the previous conversation and promised to send a technician. When a technician finally visited, he was unable to witness the intermittent rebooting issue. He then suggested that Mr. Kumar press the power button from a distance while he filmed, in order to stage the malfunction for his report. This video was later rejected by the company because the remote was not visible in the frame, leaving Mr. Kumar back at square one.

After nearly three months of this ordeal, the television has now stopped working altogether. Despite receiving emails and verbal assurances of a refund or resolution, Mr. Kumar has seen no concrete action. He is left with a non-functional, expensive product and a trail of unresolved complaints, feeling harassed by a major electronics brand.

Advice in such cases

• Document everything meticulously. Keep copies of the invoice, warranty card, all email and chat communications, and text messages. Note down the dates and times of phone calls and the names of the representatives you speak with.
• Continue to gather evidence. If the product is malfunctioning, take clear videos that show the problem as it happens.
• Send a formal written complaint via registered post or email to the company’s grievance redressal officer or head office. This creates a strong paper trail.
• Do not agree to any “solutions” that involve faking or staging an issue, as this can be used against you later to undermine your credibility.
• 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 of 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.

Applicable Sections of Law

This case falls squarely under the purview of the Consumer Protection Act, 2019. This Act is designed to protect consumers from such malpractices. The key concepts applicable here are:

• Defect in Goods: The Act defines a ‘defect’ as any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard which is required to be maintained by or under any law. A TV that malfunctions and eventually stops working is clearly defective.
• Deficiency in Service: This refers to any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance of a service. The repeated failure of ConnectCare Services and Apex Electronics to provide timely and effective repair, along with providing misleading information, constitutes a gross deficiency in service.
• Unfair Trade Practice: Closing a complaint by falsely claiming the customer was unresponsive can be considered an unfair trade practice under the Act.

A consumer complaint can be filed in the appropriate Consumer Disputes Redressal Commission based on the value of the goods or services and the compensation claimed.

If you are the complainant

• The first step is often to send a well-drafted legal notice to the manufacturer and the service provider through a lawyer. This notice will outline the entire issue, the deficiency in service, and the relief you are seeking (e.g., replacement, refund, and compensation for harassment).
• If the company fails to respond satisfactorily to the legal notice, you can file a formal complaint before the appropriate Consumer Commission.
• Organize all your evidence chronologically. This includes the purchase bill, warranty details, photos, videos, screenshots of chats, emails, and call logs.
• In your complaint, you can ask for a full refund of the product’s cost, compensation for the mental agony and harassment suffered, and litigation costs.
• 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 of 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.

If you are the victim

• As soon as you notice a defect, report it through official channels (customer care number, email, or app) to create a record. Do not rely on verbal assurances alone.
• Insist on a complaint number or ticket ID for every interaction.
• Do not hand over the defective product to a service technician without receiving a formal job sheet or receipt that clearly states the product’s condition and the reason it is being taken.
• If the company or its service agents are uncooperative, do not lose your temper. Maintain a calm and professional demeanor in all communications, as this will strengthen your case.
• 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 of 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.

How the police behave in such cases

In matters of defective products and deficiency in service, the police generally do not have a direct role. This is considered a civil dispute, and the appropriate remedy lies with the Consumer Commissions, not the police station. The police will likely advise you to approach the Consumer Court. However, if there is an element of criminal intent, such as organised fraud or cheating as defined under Section 318 of the Bharatiya Nyaya Sanhita (BNS), the police might register an FIR. But for a standard consumer dispute like this one, the consumer protection law is the designated path for justice.

FAQs people normally have

What evidence is required?

Strong evidence is the backbone of a successful consumer case. You will need:

• The original invoice or bill of purchase.
• The warranty card and terms.
• All communication with the company: emails, text messages, screenshots of chats.
• Photographic and video evidence of the defect.
• A record of all service requests, including complaint numbers and dates.
• Any job sheets or reports provided by the technician.
• A copy of the legal notice sent to the company and the postal receipt.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a speedy redressal process. The law states that complaints should ideally be decided within three months from the date of receipt of notice by the opposite party, or within five months if the case requires product testing. However, in practice, the timeline can vary depending on the complexity of the case, the workload of the Commission, and the tactics employed by the opposite party. A well-documented case presented by a competent lawyer can significantly expedite the process.

Advocate Sudhir Rao, Supreme Court of India