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

It is distressing when one of the country’s leading telecom operators, “Nexus Telecom,” engages in practices that appear to deceive its customers. A recent incident involving Mr. Alok Verma highlights the carelessness and dismissive attitude such large corporations can adopt, leaving consumers feeling helpless.

Early last month, Mr. Verma decided to port his mobile number to Nexus Telecom. He initiated the process online and paid the required fee of ₹499 using his credit card. Although the amount was debited from his account, the company’s portal showed a transaction failure. To proceed, he was compelled to make the payment a second time for the same amount.

Despite completing all necessary steps and receiving confirmation, Nexus Telecom failed to deliver the new SIM card within the promised 24-hour window. After waiting for over 48 hours with no communication, his Unique Porting Code (UPC) expired, rendering the entire process futile due to the company’s negligence.

The situation worsened when Mr. Verma tried to resolve the issue. Nexus Telecom had provided the contact details of a delivery agent, but the mobile number was perpetually unreachable. No one from the company ever made contact to schedule the delivery. When he requested a refund for the service that was never provided, Nexus Telecom audaciously stated that the amount was non-refundable. They even suggested he could “transfer the voucher to friends or family,” completely ignoring their failure to deliver the primary service.

His attempts to escalate the matter with the company’s regional office in Rajnagar were met with inaction. Complaints filed on social media platforms and emails sent to their support team were either ignored or met with generic, unhelpful responses. This is a clear case of deficiency in service. When a company accepts payment but fails to provide the agreed-upon service, it is obligated to issue a full refund. Hiding behind convoluted “non-refundable” policies for services never rendered constitutes an unfair trade practice.

Mr. Verma has since escalated his complaint to the relevant government grievance portals and telecom regulatory bodies. This issue is not just about a single failed transaction; it’s about the principle of corporate accountability and consumer rights. Customers should not be penalized for a company’s operational failures or be forced to forfeit their money for services they never received.

Advice in such cases

If you find yourself in a similar situation with a service provider, it is crucial to act methodically to protect your rights.

• Document Everything: Keep a record of all communications. This includes screenshots of payment confirmations, transaction failure messages, emails, chat transcripts, and any reference numbers provided.
• Formal Written Complaint: Send a detailed complaint to the company’s official grievance redressal email ID. Clearly state the facts, the service failure, and your desired resolution (e.g., a full refund).
• Send a Legal Notice: If the company fails to respond or provide a satisfactory resolution, the next step is to have a lawyer send a formal legal notice. This often prompts companies to take the matter seriously.
• File a Consumer Complaint: You can file a complaint with the Consumer Disputes Redressal Commission (Consumer Court) for deficiency in service and unfair trade practices.
• 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

Several laws protect consumers in such scenarios:

• The Consumer Protection Act, 2019: This is the primary legislation. The telecom company’s actions fall under “deficiency in service” (failure to provide the SIM after payment) and “unfair trade practice” (adopting a non-refundable policy for a service not rendered).
• The Indian Contract Act, 1872: The payment for a service constitutes a contract. The company’s failure to deliver the SIM is a breach of this contract, entitling you to damages, which in this case would be the refund of the amount paid.
• Bharatiya Nyaya Sanhita (BNS), 2023: While such cases are primarily civil in nature, if there is evidence of a deliberate intention to deceive from the outset, it could potentially be viewed under Section 318 of the BNS, which deals with cheating. However, proving criminal intent (mens rea) is challenging, and consumer courts offer a more direct and effective remedy for service-related disputes.

If you are the complainant

As the person who has been wronged and is initiating action, you must be prepared and systematic.

• Organize Your Evidence: Create a file with all your documents, arranged chronologically. This includes payment receipts, bank statements, all correspondence with the company, and any notes on verbal conversations (date, time, person spoken to).
• Draft a Clear Complaint: When filing a case in the consumer court, your complaint should be clear, concise, and state all the facts of the case, the deficiency in service, and the relief you are seeking (refund, compensation for harassment, and litigation costs).
• 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

Realizing you have been treated unfairly can be frustrating. Here are the immediate steps to take.

• Stay Calm and Act Professionally: Avoid emotional outbursts in your communication. Stick to the facts and maintain a professional tone in all your written correspondence.
• Use Written Channels: Prioritize communication through email or registered post over phone calls. Written communication creates a solid evidence trail that cannot be easily denied by the company.
• Do Not Accept Unfair Alternatives: In Mr. Verma’s case, the company offered to let him transfer the voucher. Do not accept such alternatives that absolve the company of its failure. Insist on the resolution you are entitled to, which is a full refund for non-service.
• 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

Approaching the police for such matters is generally not fruitful. The police are likely to view the issue as a civil dispute or a consumer complaint rather than a criminal offense. They will often refuse to file an FIR (First Information Report) under sections related to cheating (like Section 318 BNS), explaining that the matter does not involve the requisite criminal intent for fraud and is better suited for the consumer courts. They will almost certainly advise you to approach the District Consumer Disputes Redressal Commission.

FAQs people normally have

Can I claim compensation for the mental harassment and time wasted?

Yes. When you file a complaint in the consumer court, you can claim not only the refund of the amount paid but also compensation for the mental agony, harassment, and the costs incurred in pursuing the complaint.

Is sending a legal notice mandatory before filing a consumer case?

No, it is not a mandatory prerequisite for filing a case in the consumer court. However, it is highly recommended. A well-drafted legal notice from a lawyer often results in a settlement, as companies prefer to avoid litigation.

How much does it cost to file a case in the consumer court?

The court fees are nominal and depend on the value of the claim. For claims up to ₹5 lakh, the fee is nil. From ₹5 lakh to ₹10 lakh, it is ₹200, and it increases progressively. This makes justice accessible to everyone.

What evidence is required?

Strong evidence is the backbone of any legal claim. For a case like this, you should gather:

• Proof of payment: Credit card statements, bank account statements, or digital wallet transaction history.
• Screenshots of the online transaction, including any error or failure messages.
• The UPC (Unique Porting Code) generation message and its expiry details.
• All email and chat communication with the company’s customer service.
• A copy of the legal notice sent to the company and the postal receipt.
• Call records showing your attempts to contact the delivery agent or customer care, if available.

How long will the investigation take?

The term “investigation” is more relevant to criminal cases. In the consumer court system, the process is called “proceedings.” The Consumer Protection Act, 2019, mandates a speedy trial, aiming to resolve cases within three to five months if the opposite party does not contest the facts extensively. However, in practice, the process can sometimes take longer, ranging from six months to over a year, depending on the complexity of the case and the workload of the commission.

Advocate Sudhir Rao, Supreme Court of India