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

Mr. Ajay Sharma decided to help his niece, Priya, find a suitable life partner. He created a profile for her on a popular matrimonial platform, “EternalVows.in,” and opted for their premium “Personalised Manager” service, paying the full amount upfront. However, the service immediately fell short of expectations. The team assigned to Priya’s profile mistakenly uploaded the details and photographs of a completely different person. Alarmed, Mr. Sharma contacted their assigned manager to get the egregious error rectified.

To their dismay, the company took nearly three weeks to correct the profile information. For those 21 days, Priya’s profile was misrepresenting her to all potential matches, wasting valuable time and causing significant embarrassment. Mr. Sharma reasonably requested that the duration of their service package be extended by 21 days to compensate for the period the profile was unusable due to the company’s negligence.

The situation escalated when a senior manager from EternalVows.in responded, stating that they could only offer a 7-day extension. When Mr. Sharma insisted that this was unfair and asked for the offer to be put in writing via email, the manager flatly refused. This left Mr. Sharma feeling cheated and unsure of the legal steps he could take to hold the company accountable for its deficient service.

Advice in such cases

• Document Everything: Keep a clear record of all communication. This includes saving all emails, taking screenshots of the incorrect profile, and noting down the dates and times of phone calls along with the names of the representatives you spoke with.
• Formal Communication: Send a formal email or a registered letter to the company’s official grievance redressal or customer support ID, clearly outlining the issue, the timeline of events, and your specific demand for compensation (e.g., a full extension of the lost time).
• Send a Legal Notice: If the company fails to respond satisfactorily, the next step is to have a lawyer send a formal legal notice. This notice will detail your grievance, the deficiency in their service, and the relief you are seeking, warning them of legal action if they fail to comply.
• 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 situation is primarily governed by the Consumer Protection Act, 2019. The key concepts applicable here are:

• Deficiency in Service [Section 2(11)]: The matrimonial website failed to provide the service as promised. Uploading wrong information and delaying the correction is a clear case of deficiency.
• Unfair Trade Practice [Section 2(47)]: By making false promises about their premium services and then failing to deliver or adequately compensate for their error, the company may be engaging in an unfair trade practice.
• Indian Contract Act, 1872: The payment for services created a contract between you and the company. Their failure to provide the correct service constitutes a breach of this contract.

If you are the complainant

• Gather All Proof: Collect all receipts, bank statements, screenshots, email chains, and any other evidence that proves your payment and the company’s failure to provide the agreed-upon service.
• Draft a Complaint: With the help of your lawyer, draft a formal complaint to be filed in the appropriate consumer forum. The complaint should narrate the facts, mention the deficiency in service, and specify the relief you are seeking (refund, compensation for harassment, extension of service, and litigation costs).
• File in Consumer Court: The complaint should be filed before the District Consumer Disputes Redressal Commission. The Consumer Protection Act, 2019, provides for a streamlined process, including e-filing in many jurisdictions.
• 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 the person whose profile was misrepresented, you are the ultimate victim of the company’s negligence. Your role is crucial in the legal process.

• Provide a Statement: You may need to provide an affidavit or a statement detailing the mental anguish and potential damage to your reputation caused by the incorrect information being displayed on a public platform.
• Cooperate with the Complainant: Work closely with the family member who filed the complaint. Provide them with any information or documentation they need from your end.
• 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 a case like this, which is primarily a dispute over service quality and contract fulfillment, the police will likely not intervene directly. This is considered a civil or consumer dispute, not a criminal one. If you approach a police station, they will almost certainly advise you to seek remedy through the Consumer Disputes Redressal Commission (Consumer Court). Police involvement would only be warranted if there were clear elements of criminal cheating, fraud with intent to deceive from the outset, or identity theft under the Information Technology Act, 2000, which can be more difficult to establish in a service deficiency case.

FAQs people normally have

• Can I file a complaint in the consumer court on my own?
  

  Yes, a consumer can file a complaint in person without a lawyer. However, legal procedures, drafting the complaint correctly, and presenting arguments can be complex. Engaging a lawyer who specializes in consumer law is highly advisable to ensure your case is presented effectively.

  
  
• Where do I file the complaint?
  

  Under the Consumer Protection Act, 2019, you file the complaint based on the value of the goods/services plus the compensation claimed. For claims up to Rs. 50 Lakhs, the complaint is filed in the District Commission. For claims between Rs. 50 Lakhs and Rs. 2 Crores, it is filed in the State Commission, and for claims above Rs. 2 Crores, it is filed in the National Commission.

  
  
• What compensation can I ask for?
  

  You can claim a refund of the fees paid, an order for the company to provide the service correctly, compensation for the mental harassment and agony suffered, and the costs incurred in pursuing the litigation.

  
  

What evidence is required?

Strong evidence is the backbone of a successful consumer case. You should gather:

• Proof of Payment: The invoice, receipt, or bank statement showing the transaction with the matrimonial company.
• Service Agreement: The terms and conditions of the package you purchased.
• Proof of Error: Screenshots of the incorrect profile page showing the wrong information.
• Communication Records: All emails exchanged with the company’s representatives regarding the error and the request for an extension.
• Call Records: A log of phone calls made, if available, noting dates and times.
• Legal Notice: A copy of the legal notice sent to the company and the postal receipt confirming its delivery.

How long will the investigation take?

In consumer cases, the process is called “adjudication” rather than “investigation.” The Consumer Protection Act, 2019, mandates a swift resolution process. The Act prescribes that a complaint should be decided within three months from the date of receipt of notice by the opposite party, or within five months if the case requires laboratory testing. However, due to the high volume of cases in consumer commissions, the actual time taken can sometimes be longer, often ranging from 6 months to over a year, depending on the complexity of the case and the workload of the specific commission.

Advocate Sudhir Rao, Supreme Court of India