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

Mr. Alok Sharma, a resident of Raipur, hired “QuickFix Services” to repair his laptop. The company’s representative picked up the device and charged an advance fee of ₹8,500 for the repair. It has now been over a week, and despite numerous follow-ups with their customer support team via phone and email, the company has neither returned the repaired laptop nor provided a refund. The company has stopped responding to his communications, leaving Mr. Sharma feeling cheated and distressed. This conduct by the company is not just a deficiency in service but also potentially a criminal act.

Advice in such cases

When you encounter such a situation, it’s crucial to act systematically. The initial step is to gather all evidence, such as receipts, communication records, and job sheets. Following this, sending a formal legal notice is a standard and effective procedure. This notice, drafted by a lawyer, clearly states your grievance, the relief sought, and the intention to pursue legal action if the issue is not resolved within a specified period. This often prompts the company to settle the matter to avoid litigation.

• 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 resolve in 7-10 days.

Applicable Sections of Law

This situation involves aspects of both consumer law and criminal law under the new Indian legal framework.

• The Consumer Protection Act, 2019: This Act protects consumers against unfair trade practices and deficiency in service. You can claim a refund, compensation for the harassment, and the return of your property.
• Bharatiya Nyaya Sanhita, 2023 (BNS):
  • Section 316 of BNS (Criminal breach of trust): If a person is entrusted with property and dishonestly misappropriates it or converts it for their own use, it constitutes a criminal breach of trust. In this case, QuickFix Services was entrusted with the laptop for repair and has failed to return it, which may fall under this section.
  • Section 318 of BNS (Cheating): If the company had a dishonest intention from the beginning to take the money and the laptop without intending to provide the service, it could be considered cheating.

If you are the complainant

If you represent the company, “QuickFix Services,” in this scenario, immediate and transparent action is necessary to mitigate legal and reputational damage. You should:

• Immediately contact the customer, Mr. Sharma, to acknowledge the issue and apologize for the delay and lack of communication.
• Provide a clear and honest explanation for the delay in returning the laptop.
• Offer a concrete resolution, which could be the immediate return of the laptop (repaired or not), along with a full or partial refund for the inconvenience caused.
• Maintain a documented record of all communications with the customer regarding the resolution process.
• If a legal notice is received, do not ignore it. Engage a lawyer to draft a formal reply and attempt to settle the matter amicably to avoid costly and time-consuming litigation in both consumer and criminal courts.

If you are the victim

As the victim, Mr. Sharma, you have a two-pronged approach available:

• Send a Legal Notice: Have a lawyer draft and send a detailed legal notice to the registered office of QuickFix Services. This notice should demand the immediate return of the laptop and a refund of ₹8,500, plus compensation for mental agony, within a stipulated time (e.g., 15 days).
• File a Consumer Complaint: If the legal notice is ignored, you can file a complaint before the appropriate District Consumer Disputes Redressal Commission. You can claim the cost of the laptop, the service fee paid, and compensation for the harassment and litigation costs.
• File a Police Complaint: You can also approach the local police station and file a complaint for criminal breach of trust under Section 316 of the BNS. Provide the police with all the evidence you have. If the police refuse to file an FIR, you can file a private complaint with the Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

It is important to note that you can pursue both the consumer complaint and the criminal case simultaneously, as they address different aspects of the wrong committed (service deficiency vs. criminal act).

How the police behave in such cases

Initially, the police might perceive the matter as a civil dispute or a simple consumer complaint and may be hesitant to register a First Information Report (FIR). They might suggest that you approach the consumer court. However, you should insist that the elements of a crime, specifically criminal breach of trust, are present. If you provide clear evidence of entrustment (the pickup receipt) and dishonest intention (failure to return the item and ceasing communication), the police are obligated to register an FIR under the relevant sections of the BNS. Once an FIR is lodged, the police will investigate the matter, which may include questioning the company’s representatives, examining their records, and making efforts to recover your laptop.

FAQs people normally have

Can I file both a police case and a consumer case for the same issue?
Yes, you absolutely can. The remedies are concurrent and not mutually exclusive. The consumer case is for deficiency in service and compensation, while the police case is to punish the criminal act of misappropriating your property.

What if the company returns my laptop after I file a complaint?
Even if the company returns the laptop after you initiate legal proceedings, you can still continue your case in the consumer court to claim compensation for the significant delay, mental harassment, and any costs you incurred. The return of the property does not absolve them of their liability for the poor service and the trouble caused.

What evidence is required?

To build a strong case, you must have solid documentation. The key pieces of evidence include:

• The invoice or receipt for the payment of ₹8,500.
• The job sheet or pickup receipt provided by QuickFix Services when they took the laptop, proving entrustment.
• Screenshots of all digital communication, including emails, app chats, and social media messages exchanged with the company.
• Call records showing your attempts to contact their customer support.
• A copy of the legal notice sent to the company and the postal receipt as proof of dispatch.

How long will the investigation take?

The timeline can vary significantly based on the legal path you choose.

• Police Investigation: After an FIR is filed, a police investigation can take anywhere from a few weeks to several months, depending on the complexity of the case and the cooperation of the accused company. The police are required to file a final report (chargesheet) before the court.
• Consumer Court Case: Proceedings in the Consumer Commission are designed to be faster than traditional civil courts. However, it can still take from six months to over a year to get a final order, depending on the workload of the commission and the tactics used by the opposing party.

Advocate Sudhir Rao, Supreme Court of India