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

Mr. Sameer Verma, a resident of Jabalpur, found himself in a frustrating situation with his premium smartphone. He had been using his InnovateTech Nexus Pro for nearly three years without any issues. However, shortly after installing an official software update pushed by InnovateTech in April 2024, a persistent green vertical line appeared on his screen. There was no physical damage, drop, or misuse; the line appeared immediately following the update, a problem reported by numerous other users online.

Upon contacting InnovateTech India’s service center, they acknowledged the issue and created a job sheet. However, since the phone was out of its warranty period, they demanded a payment of ₹28,000 for a screen replacement. A significant complication arose from the fact that Mr. Verma had originally purchased the phone in the Republic of Zadia. The company used this as a primary reason to deny a free replacement, despite strong evidence suggesting their own software update caused the defect.

Frustrated by the lack of accountability, Mr. Verma filed a complaint on the national consumer helpline portal and attempted to reach the company through social media, all to no avail. He is now left with a flagship phone damaged by the manufacturer’s actions and a hefty repair bill for a fault that was not his own.

Advice in such cases

When a manufacturer’s software update damages your device, it can be considered a deficiency in service. Here is what you can do:

• Document Everything: Preserve all communication with the company, including emails, chat transcripts, and call recordings if possible. Keep the service center job sheet, photos and videos of the defect, and the original proof of purchase, even if it’s international.
• Send a Formal Legal Notice: Before approaching a consumer court, have a lawyer send a detailed legal notice to the company’s registered office in India. This notice should outline the entire issue, the defect caused by their update, and the relief you are seeking (e.g., free repair, replacement, or compensation). This formal step often prompts companies to resolve the matter.
• File a Consumer Complaint: If the company fails to respond to the legal notice, you can file a complaint before the appropriate Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.
• 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 issue is primarily governed by the Consumer Protection Act, 2019. Key concepts include:

• Defect: Section 2(10) of the Act defines a ‘defect’ as any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard of a product. A software update that damages the hardware can be argued as creating a defect.
• Deficiency in Service: Section 2(11) defines ‘deficiency’ as any fault, imperfection, or inadequacy in the quality, nature, and manner of performance of a service. Pushing a faulty update and then refusing to rectify the damage constitutes a deficiency in service.
• Unfair Trade Practice: Arguing that a global product is not eligible for service for an issue caused by the company itself can be termed an unfair trade practice under Section 2(47).
• Territorial Jurisdiction: A complaint can be filed in a Consumer Commission where you reside or where the cause of action (the defect appearing and service being denied) arose. The fact that the phone was bought abroad does not bar you from seeking relief in India, as the company has a business presence and the service was denied here.

If you are the complainant

As a complainant who has decided to take legal action:

• Gather Your Evidence: Systematically arrange all documents, including the purchase invoice, job sheet, communication records, and evidence of the defect. Also, gather screenshots of other users reporting the same problem, as this strengthens your case by showing it’s a widespread manufacturing or software issue.
• Draft a Strong Complaint: Your complaint should clearly state the facts, the defect in the product, the deficiency in service by the company, and the specific relief you are seeking (e.g., free replacement of the screen, a new device, or compensation for the device’s value and mental agony).
• File in the Correct Forum: Based on the value of the phone plus the compensation claimed, file your complaint in the appropriate commission (District Commission for claims up to ₹50 lakh, State Commission for claims between ₹50 lakh and ₹2 crore, and National Commission for claims above ₹2 crore).
• 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 have just discovered the issue, follow these initial steps:

• Contact Customer Support Immediately: Use the company’s official channels to report the problem. Clearly state that the issue occurred right after their software update. Get a reference or complaint number.
• Visit the Authorized Service Center: Take the device to an authorized service center to have it officially diagnosed. Ensure you get a job sheet that accurately describes the problem and acknowledges that there is no physical or liquid damage.
• Escalate within the Company: If the service center denies a free repair, escalate the matter to the company’s senior management or grievance redressal officer via email. Clearly lay out the timeline of events.
• 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

The police generally do not have a role in such matters. This is a consumer dispute, which is civil in nature. The police will not register an FIR for a defective product or deficiency in service. Their involvement would only be warranted if there were elements of a criminal offense like cheating (under Section 316 of the Bharatiya Nyaya Sanhita, 2023), which is difficult to prove in these cases. The police will rightly direct you to approach the Consumer Commission.

FAQs people normally have

Can I sue a company for a faulty software update?
Yes, you can file a consumer complaint. If a software update provided by the manufacturer causes a defect or damages the hardware, it is considered a deficiency in their service, and they can be held liable for it.

Does it matter that my phone was bought abroad?
While companies may use this as an excuse, it is a weak defense in consumer law. If the company officially operates and provides services in India for the same model, they have a duty of care. The cause of action arose in India where the defect appeared and where you were denied service. Consumer commissions have often ruled in favor of consumers in such cases, emphasizing that multinational corporations cannot shirk responsibility based on the country of purchase.

What if my phone is out of warranty?
Warranty typically covers manufacturing defects that appear within a certain period. However, when the manufacturer’s own action (a software update) actively causes a defect, it can be argued as a latent defect or a fresh cause of deficiency in service, irrespective of the warranty period. The liability arises from their action, not just the passive failure of a component.

What evidence is required?

To build a strong case, you will need the following evidence:

• Proof of Purchase: The invoice or receipt, even if it is from another country.
• Service Center Records: The job sheet or any document from the authorized service center that confirms the defect and the absence of user-inflicted damage.
• Communication Trail: All emails, chat logs, or letters exchanged with the company’s customer support and service teams.
• Proof of Defect: Clear photos and videos showing the defect (e.g., the green line on the screen). A video showing the phone functioning otherwise normally can also be helpful.
• Proof of Widespread Issue: Screenshots from online forums, social media, and tech news articles where other users are reporting the exact same problem after the same update. This demonstrates that it’s a known issue caused by the company.

How long will the investigation take?

The term “investigation” here refers to the proceedings in the Consumer Commission. The Consumer Protection Act, 2019, mandates a swift resolution. Ideally, a case should be disposed of within three to five months if no complex analysis or expert evidence is required. However, depending on the workload of the commission, the company’s response, and any adjournments, the process can sometimes take longer, potentially up to a year or more in some contested cases.

Advocate Sudhir Rao, Supreme Court of India