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

A client, Mr. Rohan Mehra, recently shared his frustrating experience with a major telecom provider, “ConnectMax Communications.” In early August, Mr. Mehra decided to port his number from his previous provider, “SwiftLink,” to ConnectMax, enticed by a promotional offer of a one-month free recharge plan. The porting process was completed successfully after a few days.

The next morning, upon inserting the new ConnectMax SIM card, he found that there was no active plan on his number. Instead, he began receiving a series of automated messages from ConnectMax urging him to recharge his account to activate services. Assuming the initial offer was a misunderstanding or a false promise by the sales agent, Mr. Mehra proceeded to recharge his number with a ₹499 plan to avoid service disruption.

To his surprise, just a couple of hours later, he received a confirmation message that the promised promotional recharge of ₹399 had also been credited to his account. The issue seemed resolved, albeit in a confusing sequence. However, the following day, he received another message stating that a reversal for the ₹399 promotional recharge had been initiated by a company retailer. When Mr. Mehra contacted the retailer, he was given a baffling explanation: “This is a company policy. You were not supposed to do a recharge yourself. Since you did, the system automatically cancelled the free promotional plan.”

This logic is fundamentally flawed and constitutes an unfair trade practice. The company first created a sense of urgency by sending multiple “recharge now” messages and then penalized the customer for following those very instructions by revoking a promised benefit. Mr. Mehra also recalled a previous incident with ConnectMax’s broadband service, where he was billed for an extra month despite timely cancellation and multiple follow-ups. Such repeated instances point towards a pattern of deficient service and unfair business practices.

Advice in such cases

If you find yourself in a similar situation with a telecom operator or any service provider, it is crucial to act methodically.

• Document Everything: Keep a record of all communications. This includes screenshots of messages, emails, recharge confirmation alerts, and any reference numbers for complaints.
• Formal Complaint: Lodge a formal complaint through the company’s official customer care channels, such as their helpline, email, or appellate authority. Note down the complaint number.
• Do Not Give Up: Companies often hope that customers will get tired and drop the issue. Be persistent in your follow-up.
• Public Grievance Portals: Consider posting your grievance on government-run portals or consumer forums, as companies often monitor these platforms to protect their reputation.

Applicable Sections of Law

Such matters are primarily governed by the Consumer Protection Act, 2019. The actions of the telecom company can be classified as:

• Deficiency in Service [Section 2(11)]: Failing to provide the promised promotional offer and the subsequent confusing and contradictory actions amount to a deficiency in the quality and manner of service to be provided.
• Unfair Trade Practice [Section 2(47)]: The practice of luring a customer with a free offer, creating a situation that compels them to pay, and then revoking the original offer is a classic example of an unfair trade practice. It involves making false or misleading representations about the quality or standard of services.

While this is a civil wrong, in extreme cases where a clear intent to deceive from the outset can be proven, provisions related to cheating under the Bharatiya Nyaya Sanhita (BNS) could theoretically apply, but the primary and most effective remedy lies within the consumer protection framework.

If you are the complainant

As the aggrieved customer, you are the complainant. Here are the steps you should take:

• Gather All Evidence: Compile all your documents, screenshots, bills, and a timeline of events.
• Send a Legal Notice: A legal notice drafted by a lawyer is often the first step. It clearly states your grievance, the relief you seek (e.g., refund, compensation), and a deadline for the company to comply. Many disputes are resolved at this stage.
• File a Consumer Complaint: If the company does not 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 claim). 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

As the victim of an unfair trade practice, your immediate actions can strengthen your position.

• Preserve Communication: Do not delete any text messages, emails, or app notifications from the company. These are your primary evidence.
• Record Calls: If you speak with customer service, inform them that the call may be recorded for quality and training purposes, and keep a note of the date, time, and the name of the representative you spoke with.
• State Your Case Clearly: When communicating with the company, clearly and concisely state the sequence of events and explain why you believe their actions are unfair and constitute a deficiency in 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

Police intervention in such consumer-service provider disputes is very rare. These are considered civil matters, not criminal ones. If you were to approach a police station, they would likely advise you that this is not a police matter and direct you to file a complaint with the Consumer Commission. Police will only get involved if there is evidence of a large-scale, organized criminal fraud, which is a high threshold to meet in cases of individual service disputes.

FAQs people normally have

Can I file a complaint for such a small amount?
Yes. The Consumer Protection Act, 2019, is designed to protect consumers regardless of the monetary value of the dispute. The principle of the matter—the unfair trade practice—is more important than the amount. Filing a complaint can also lead to compensation for mental harassment and litigation costs.

Do I need a lawyer to file a consumer complaint?
While you can file a complaint on your own, having a lawyer is highly recommended. A lawyer can draft the complaint and legal notice professionally, represent you effectively in the commission, and navigate the legal procedures, which significantly increases your chances of a favourable outcome.

What can I claim as compensation?
You can claim a refund of the amount you paid, activation of the promised offer, and compensation for the mental agony, harassment, and costs incurred in pursuing the complaint.

What evidence is required?

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

• Screenshots of the promotional offer.
• Screenshots of the messages from the company asking you to recharge.
• Proof of the recharge you made (transaction ID, bank statement).
• The message confirming the credit of the promotional plan.
• The message about the reversal of the promotional plan.
• A record of your communication with customer care (complaint numbers, emails).
• A copy of the legal notice sent to the company, if any.

How long will the investigation take?

The term “investigation” here refers to the proceedings before the Consumer Commission. The Consumer Protection Act, 2019, mandates an endeavor to decide complaints within three months from the date of receipt of notice by the opposite party, or within five months if the case requires product analysis or testing. While delays can occur, the process is designed to be much faster than traditional civil courts.

Advocate Sudhir Rao, Supreme Court of India