Mr. Sameer Sharma, a resident of Chandrapur, faced a distressing situation with his premium smartphone, the ‘Orbit X5’, manufactured by Aura Electronics. Early last year, he noticed the device’s battery had started to swell, a known issue covered under the company’s “Premium Care Program.” He promptly took the functioning smartphone to an Aura Certified Service Hub. The technician at the hub acknowledged the swollen battery but refused to accept the device for repair, citing a lack of replacement parts and an internal policy that mandated same-day service for such issues. He was asked to return later.

A couple of weeks later, Mr. Sharma visited the service hub again. The phone was still fully operational, but the battery issue persisted. Once more, the staff confirmed the problem but denied service for the same reasons. Mr. Sharma’s request for a written acknowledgement that the device was in working condition at the time of submission was also turned down.

By his third visit, the swollen battery had caused further damage, and the phone was completely dead. Only then did the service hub accept the device and send it to their central repair facility. Subsequently, the facility reported that the phone now had a damaged logic board—a problem not covered by the Premium Care Program—in addition to the battery issue. They presented Mr. Sharma with a substantial bill for the repair.

Mr. Sharma contested this, arguing that the logic board damage was a direct consequence of the service center’s repeated and unwarranted refusal to perform a timely repair when the problem was minor and covered by their program. Despite the service center staff admitting to Aura’s support team that Mr. Sharma had initially brought the device in a working condition, the company has refused to provide a free repair. This leaves him with a dead device and a clear case of service deficiency.

Advice in such cases

• Document Everything: Keep a detailed record of all interactions. Note down dates, times, names of the staff you spoke with, and a summary of the conversation.
• Written Communication: Insist on written communication. If they refuse to provide a job sheet or a written acknowledgement, send them an email or a registered letter detailing your visit and their refusal to accept the device. This creates a paper trail.
• Gather Evidence: Take photos or videos of the device’s condition during your initial visits, if possible. Keep all purchase receipts and warranty documents safe.
• Do Not Tamper with the Device: Avoid getting the device checked or repaired by a third-party mechanic, as this can void your warranty and weaken your case.
• 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 case falls squarely within the ambit of the Consumer Protection Act, 2019. The primary concepts applicable here are:

• Section 2(11) – “Deficiency” of Service: This means any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Refusing to repair a product under warranty due to internal policies like lack of parts constitutes a deficiency of service.
• Section 2(47) – “Unfair Trade Practice”: This includes practices that are deceptive or unfair for the purpose of promoting the sale, use or supply of any goods or for the provision of any service. Forcing a consumer to accept a paid repair for damage caused by the company’s own negligence can be argued as an unfair trade practice.

If you are the complainant

• Send a Legal Notice: The first formal step is to have a lawyer draft and send a detailed legal notice to the company’s corporate office. The notice should outline the entire sequence of events, state the deficiency in service, and clearly demand relief (e.g., free repair, replacement, and compensation for harassment and loss).
• File a Consumer Complaint: If the company fails to respond satisfactorily to the legal notice, you can file a complaint before the appropriate Consumer Disputes Redressal Commission (District, State, or National, depending on the value of the goods and compensation claimed).
• Preserve All Evidence: Systematically arrange all your documents, emails, call records, and any other evidence that supports your claim. This will be crucial for the proceedings.
• 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

• Act Promptly: Do not delay in taking action. The limitation period for filing a consumer complaint is two years from the date on which the cause of action arises.
• Maintain Composure: When dealing with service center staff, remain calm but firm. Clearly state your issue and what you expect. Record the conversation if permissible by law.
• Follow Up in Writing: After every verbal conversation, send a summary email to the company’s official customer support ID to create a record of what was discussed and agreed upon.
• 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 matters of consumer disputes or deficiency in service. This is a civil matter, not a criminal one. If you approach the police, they will rightly direct you to file a complaint with the Consumer Disputes Redressal Commission. Police intervention would only be warranted if there is an element of a criminal offense like cheating or criminal breach of trust as defined under the Bharatiya Nyaya Sanhita (BNS), which is typically difficult to establish in such service-related disputes.

FAQs people normally have

What evidence is required?

To build a strong case, you should gather the following evidence:

• The original invoice or bill for the product.
• Warranty card and related documents.
• Any job sheets or service records, even if they are for inspection only.
• All email correspondence with the company and service center.
• Call recordings of your conversations with customer support (ensure you are aware of the legality of call recording in your jurisdiction).
• Names of the employees you interacted with and the dates of your visits.
• Photos or videos of the device when it was in a working condition but had the initial issue.

How long will the investigation take?

In the context of a consumer court, the term is “proceedings” rather than “investigation.” The Consumer Protection Act, 2019, mandates an endeavor to decide cases within three to five months. However, in practice, the timeline can vary significantly based on the complexity of the case, the evidence presented, the workload of the Commission, and procedural delays. It can take anywhere from six months to over a year to get a final order.

Advocate Sudhir Rao, Supreme Court of India