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

Mr. Rohan Mehra, a resident of Nagpur, recently faced a challenging situation with an online real estate portal, “SwiftRentals Pvt. Ltd.” He had paid them a sum of ₹80,000 for premium services which, according to him, were not delivered as promised. Feeling aggrieved, he hired a legal-tech firm, “LegalFirst Solutions,” to send a formal legal notice to SwiftRentals.

After waiting for the stipulated 15-day period, there was no response or acknowledgment from the company. Mr. Mehra was then advised by LegalFirst Solutions that the next course of action would be to initiate litigation, for which they quoted a professional fee of ₹40,000. Faced with the prospect of spending a significant amount to recover his initial sum, Mr. Mehra found himself in a dilemma, questioning the viability and success rate of pursuing such a case against a large corporation.

Advice in such cases

When you find yourself in a situation similar to Mr. Mehra’s, it is crucial to proceed strategically. Here are some key steps and considerations:

• Assess the merits of your case. Gather all documents, including agreements, payment receipts, email communications, and chat records that prove the “deficiency in service.”
• Evaluate the cost-benefit ratio. Consider the amount in dispute versus the potential litigation costs, including lawyer’s fees, court fees, and other miscellaneous expenses.
• Understand the nature of the dispute. This is a classic consumer dispute, not a Public Interest Litigation (PIL). A PIL is filed for the public good, whereas a consumer complaint is for an individual’s grievance.
• 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

The primary legislation governing such disputes is the Consumer Protection Act, 2019. This Act is designed to protect the interests of consumers and provides a three-tier quasi-judicial mechanism for redressal.

• Section 2(11) of the Consumer Protection Act, 2019: Defines “deficiency” in service, which is the cornerstone of such complaints. It includes any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance.
• Section 2(47) of the Consumer Protection Act, 2019: Defines “unfair trade practice,” which could also be applicable if the company made false promises or used deceptive methods to promote its services.
• The complaint can be filed in the appropriate Consumer Disputes Redressal Commission based on the pecuniary jurisdiction:
  • District Commission: For claims up to ₹50 lakh.
  • State Commission: For claims between ₹50 lakh and ₹2 crore.
  • National Commission: For claims exceeding ₹2 crore.

If you are the complainant

As the person initiating the legal action, you must be proactive and organized.

• Organize all your evidence chronologically. Create a timeline of events from the day you availed the service to the last communication.
• Draft a comprehensive complaint. The complaint should clearly state the facts, the deficiency in service, the relief sought (refund, compensation for mental agony, litigation costs), and be supported by all documentary evidence.
• File the complaint in the appropriate Consumer Commission. You can do this yourself or through a lawyer. The process has been simplified, and e-filing is also available in many jurisdictions through the E-Daakhil portal.
• 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

If you believe you are a victim of deficient service or an unfair trade practice, here is a structured approach:

• Do not delay. The law provides a limitation period of two years from the date the cause of action arises to file a consumer complaint.
• Send a clear and concise legal notice. This is often a mandatory first step and can sometimes lead to a settlement without the need for litigation, as it shows your clear intent to pursue legal remedies.
• Keep a record of all subsequent communications. If the company tries to contact you for a settlement, ensure the terms are documented in writing.
• 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

It is important to understand that a dispute regarding deficiency of service is a civil matter and falls under the jurisdiction of the Consumer Commissions, not the police. The police will not register an FIR for a simple service dispute. Their role is limited to cases where there is a clear criminal element, such as cheating (Section 318 of the Bharatiya Nyaya Sanhita, 2023) or criminal breach of trust. In most cases like Mr. Mehra’s, the police would direct the aggrieved party to approach the appropriate consumer forum.

FAQs people normally have

• What is the difference between a consumer case and a PIL?
  A consumer case is a private dispute filed by an individual for their personal loss or grievance against a service provider or seller. A Public Interest Litigation (PIL) is filed in a High Court or the Supreme Court for the enforcement of public interest or to address a larger public wrong.
• Is it worth spending ₹40,000 to recover ₹80,000?
  This is a personal financial decision. However, the Consumer Protection Act allows you to claim litigation costs as part of the relief. If you have a strong case, the Commission may order the opposing party to reimburse your legal expenses along with the principal amount and compensation.
• Can I fight the case myself in the Consumer Commission?
  Yes, the procedure in Consumer Commissions is relatively simple, and you can appear “in person” to argue your case without a lawyer. However, hiring a lawyer with expertise in consumer law can significantly improve your chances of success, especially against a company with a dedicated legal team.
• What happens if the company ignores the notice from the Consumer Commission?
  If the company fails to appear after being served a notice from the Commission, the Commission can proceed ex-parte, meaning it will hear your side of the case and pass an order based on the evidence you have provided.

What evidence is required?

Strong evidence is the backbone of a successful consumer complaint. You should meticulously collect and present:

• The agreement or terms of service you accepted.
• Proof of all payments made, such as bank statements, receipts, or transaction confirmations.
• All written communication, including emails, text messages, and chat transcripts with the company’s representatives.
• A copy of the legal notice sent to the company, along with the postal receipt or courier tracking details as proof of delivery.
• Any other document, photograph, or record that substantiates your claim of poor or non-delivered service.

How long will the investigation take?

Consumer cases do not involve a police “investigation.” The process is one of adjudication by the Consumer Commission. The Consumer Protection Act, 2019, aims for speedy disposal of cases. The Act provides a timeline of three months for deciding a case from the date of receipt of notice by the opposite party, and five months if the case requires product testing. However, in practice, the timeline can be longer depending on the complexity of the case, the number of hearings, and the workload of the specific Commission.

Advocate Sudhir Rao, Supreme Court of India