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

Mr. Alok Verma, a resident of a housing society in Patiala, recently decided to upgrade his home security. He purchased a “SecureHome Pro” smart lock from a well-known home services company, “InstaFix Solutions.” During the scheduled installation on October 15, 2023, the technician assigned to the job, while fitting the lock, negligently applied excessive force, causing a significant crack in the wooden door frame. The technician attempted to conceal the damage by hammering a few nails and applying a filler, but the structural integrity of the frame was compromised. The crack was precisely where the lock’s bolt slides, creating a serious security vulnerability.

Upon discovering the shoddy cover-up, Mr. Verma immediately contacted InstaFix Solutions. After numerous calls and emails, the company’s customer support offered a paltry compensation of ₹1,500, which he found insulting as it barely covered the cost of a basic repair, let alone restoring the expensive door frame. Mr. Verma insisted that the company send a professional carpenter to properly repair the damage, but they refused to comply. Frustrated, he initiated a complaint with the consumer disputes redressal forum and is now seeking guidance on further legal steps to ensure a proper resolution.

Advice in such cases

• Document Everything: Immediately take clear photographs and videos of the damage from multiple angles. Keep all records of communication, including emails, chat transcripts, and call logs with the company.
• Preserve Invoices: Keep the service booking confirmation, payment receipt, and any product invoices safe as they are crucial proof of the transaction.
• Obtain a Repair Estimate: Get a written quotation from one or two independent, professional carpenters to assess the cost of repairing or replacing the damaged door frame. This will serve as evidence of the financial loss incurred.
• Send a Formal Written Complaint: Draft a detailed email or letter to the company’s official grievance redressal cell, outlining the incident, the damage caused, and your desired resolution (i.e., full repair or replacement at their cost).
• 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 primarily falls under the purview of consumer protection and contract laws.

• The Consumer Protection Act, 2019: The core of the case lies here. The company’s actions constitute a “deficiency in service.” The service (installation) was not performed with the required skill and care, leading to property damage. The inadequate compensation offer can also be argued as an “unfair trade practice.”
• The Indian Contract Act, 1872: When you hire a company for a service, an implied contract exists where they are expected to perform the job with reasonable care and skill. Damaging your property is a clear breach of this duty of care.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While primarily a civil matter, if it can be proven that the damage was done intentionally or with malicious intent, Section 326 of the BNS (Mischief) could potentially be invoked, though this is less common in such cases.

If you are the complainant

• Gather All Evidence: Systematically arrange all your documents, photos, videos, repair estimates, and communication records.
• Send a Legal Notice: Through a lawyer, send a formal legal notice to the company. This notice details the grievance, the legal provisions violated, and a specific timeframe (usually 15-30 days) to provide a satisfactory resolution. This often prompts companies to settle the matter to avoid litigation.
• File a Consumer Complaint: If the company fails to respond to the legal notice, you can file a formal complaint before the appropriate District Consumer Disputes Redressal Commission. This can now be done online 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

• Do Not Accept a Quick Fix: Do not allow the technician to perform a temporary or cosmetic repair. Insist that the damage be officially reported to the company before they leave.
• Get an Acknowledgement: If possible, get the technician to acknowledge the damage in writing, perhaps on the service completion form or a piece of paper.
• Report Immediately: Contact the company’s customer service via a recorded line or email while the technician is still present, or immediately after they leave. A written record (email/chat) is always preferable.
• 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 view such incidents as civil disputes rather than criminal offenses. They are unlikely to register an FIR for property damage caused by negligence during a service. They will typically advise you to approach the consumer court or file a civil suit for damages. Police intervention would only be likely if there was an element of threat, assault, or intentional and malicious destruction of property, which is rare in these service-related issues.

FAQs people normally have

What evidence is required?

To build a strong case, you will need:

• Proof of service availed (invoice, booking confirmation).
• Clear, dated photographs and videos of the damaged property.
• All written correspondence with the company (emails, letters, chat logs).
• A professional quotation for the repair or replacement of the damaged item.
• A copy of the legal notice sent and its postal receipts.

How long will the investigation take?

The consumer court process is designed to be speedier than traditional civil courts. After filing a complaint, the process involves the court issuing a notice to the opposite party, them filing a reply, evidence submission, and then arguments. The entire process can take anywhere from 6 to 18 months, depending on the complexity of the case, the workload of the specific commission, and the cooperation of the parties involved.

Advocate Sudhir Rao, Supreme Court of India