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

Mr. Rohan Mehra, a resident of Avantika Nagar, recently shared his distressing experience with ‘ComfortRest Mattresses’, a well-known brand, to caution other consumers. Approximately three years ago, he purchased a premium ‘Ortho-Care Pro’ mattress from the company for about ₹35,000. The seller had heavily promoted the product’s durability and a comprehensive 10-year warranty, which convinced Mr. Mehra to make the purchase.

However, well within the warranty period, the mattress developed a significant sag, making it uncomfortable and unusable. When Mr. Mehra initiated a warranty claim, he was met with a series of evasive and unprofessional tactics. The company sent a technician who performed a cursory inspection, using only a simple steel ruler to measure the sag. No proper diagnostic tests were conducted to assess the material failure.

Subsequently, Mr. Mehra received an email from ComfortRest’s customer care, rejecting his claim. The company absurdly stated that their technician had “forcefully pressed” the ruler to exaggerate the sag, despite the evidence being documented by their own employee. They later sent another email claiming the sag was less than the 1.5-inch threshold for a warranty claim, a conclusion based on the very measurements they had previously discredited.

The company also offered generic advice like “rotating the mattress periodically,” which did not address the core issue of premature material failure. After a month of persistent follow-ups and deliberate delays, his claim was formally denied. Mr. Mehra discovered that the parent company of ComfortRest had reported a substantial financial loss of nearly ₹60 crores in the last fiscal year, leading him to believe that the company was intentionally avoiding its warranty obligations to cut costs. This behaviour constitutes a clear deficiency in service and an unfair trade practice.

Advice in such cases

If you find yourself in a similar situation where a company is refusing to honour a warranty, it is crucial to act systematically.

• Document Everything: Keep a meticulous record of all documents, including the purchase invoice, warranty card, photographs and videos of the defect, and all communication with the company (emails, call logs, letters).
• Send a Formal Legal Notice: The first formal step is to have a lawyer send a detailed legal notice to the company. This notice should outline the issue, reference the warranty terms, and demand a resolution (replacement, repair, or refund) within a specific timeframe, typically 15 to 30 days.
• File a Consumer Complaint: If the company fails to respond satisfactorily to the legal notice, you can file a complaint with the appropriate Consumer Dispute Redressal Commission.
• Consult with Lawyer: 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

Such cases are primarily governed by the Consumer Protection Act, 2019. The key concepts that apply here are:

• Deficiency in Service: Section 2(11) of the Act defines “deficiency” as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance. Refusing to honour a warranty without valid justification is a classic example of a deficiency in service.
• Unfair Trade Practice: Section 2(47) covers practices that are deceptive or unfair to consumers. Making false promises about a warranty or creating obstacles to prevent a consumer from claiming it falls under this category.
• Product Liability: The Act also has provisions for product liability, holding the manufacturer responsible for defects in their products that cause harm or loss to the consumer.

If you are the complainant

As the complainant, you must build a strong case to present before the consumer commission.

• Gather All Evidence: Compile your invoice, warranty card, all email and message correspondence with the company, and clear photos or videos showing the defect. If you have a report from an independent expert, that can be very powerful evidence.
• Draft a Clear Complaint: Your complaint should narrate the facts in chronological order, clearly state the deficiency in service and unfair trade practice, and specify the relief you are seeking (e.g., a full refund, a new mattress, and compensation for mental agony and litigation costs).
• File in the Correct Jurisdiction: The complaint must be filed in the appropriate consumer commission based on the value of the goods and services. For claims up to ₹50 lakh, it is the District Commission.
• Consult with Lawyer: 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

Realizing you have been cheated can be frustrating, but it is important to stay calm and take the right steps.

• Do Not Be Intimidated: Companies often use bureaucratic hurdles and baseless rejections to discourage consumers. Do not give up. Your rights are protected by law.
• Preserve the Defective Product: Do not discard the faulty product, as it is the primary piece of evidence in your case.
• Communicate in Writing: Always prefer to communicate with the company via email or registered post. This creates a clear, undeniable paper trail. Avoid relying on verbal assurances over phone calls.
• Consult with Lawyer: 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

This is primarily a consumer dispute, which is a civil matter. The police generally do not intervene in warranty claim issues. If you approach a police station, they will likely direct you to the Consumer Dispute Redressal Commission (consumer court). Police involvement would only be warranted if there is an element of a criminal offence like cheating as defined under the Bharatiya Nyaya Sanhita (BNS), for instance, if the company sold you a counterfeit product or had a fraudulent intention from the very beginning. However, for a standard warranty dispute, the consumer forum is the correct and most effective remedy.

FAQs people normally have

What evidence is required?

To file a strong consumer complaint, you will need:

• Proof of purchase (invoice or bill).
• The warranty card or any document stating the warranty terms.
• Photographs and/or videos clearly showing the defect in the product.
• All written communication with the company, including emails, letters, and chat transcripts.
• 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 resolution of disputes. The law states that the commission should try to decide the case 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 and the caseload of the commission. A well-documented case with clear evidence is often resolved much faster.

Advocate Sudhir Rao, Supreme Court of India