Consumer Litigation

Practice Area

Consumer Litigation

Every time you purchase a product, subscribe to a service, take out an insurance policy, or engage a business — you enter a legally protected relationship. When that business delivers a defective product, misleads you with false advertising, bills you unfairly, denies you a legitimate refund, or simply fails to deliver what it promised — it has not just disappointed you. It has violated your rights under Indian law.

Key Services

• Consumer complaints for defective products, poor service, and unfair trade practices under the Consumer Protection Act, 2019
• Representation before District, State, and National Consumer Commissions at all levels
• False advertising and misleading claim challenges before the CCPA and ASCI
• Insurance mis-selling and policy disputes before the Insurance Ombudsman and IRDAI
• Banking and financial services disputes before consumer forums and the RBI Banking Ombudsman
• E-commerce disputes under the Consumer Protection (E-Commerce) Rules, 2020
• Real estate and builder disputes before consumer commissions and RERA
• Refund, replacement, and warranty claim enforcement
• Unfair contract terms — identification, challenge, and invalidation
• Mediation and negotiated resolution under the consumer protection framework
• Product liability claims for physical harm, financial loss, and property damage

The problem is that most consumers never pursue their rights — not because those rights do not exist, but because businesses count on you believing that the effort is not worth it. They rely on your frustration, your uncertainty, and your assumption that fighting back against a large corporation or institution is a battle you cannot win. At BS Makar Advocates & Solicitors, we exist to prove that assumption wrong. We have represented consumers against banks, insurance companies, real estate developers, e-commerce platforms, automobile manufacturers, hospitals, telecom providers, and service businesses of every kind — and we pursue every case with the same commitment: full accountability, fair compensation, and a legal record that makes businesses think twice before treating their customers as adversaries.

The Consumer Protection Framework in India — Stronger Than Most People Realise

The Consumer Protection Act, 2019 is one of the most powerful pieces of consumer legislation in India's legal history. It created a three-tier redressal system — District, State, and National Consumer Commissions — with jurisdiction over complaints ranging from a few thousand rupees to claims running into crores. It introduced product liability for the first time in Indian law, expanded the definition of unfair trade practices, and created specific provisions targeting e-commerce platforms and direct selling entities. It also introduced mediation as a structured alternative to litigation — allowing faster resolution of disputes without sacrificing the strength of your legal position. The Central Consumer Protection Authority (CCPA) now has independent powers to investigate unfair trade practices, order recalls of defective products, and impose penalties on businesses that mislead consumers — including through false advertising and deceptive pricing. Yet most consumers — and many businesses — are unaware of how far these protections actually extend. We are not.

Defective Products & Product Liability

Under the Consumer Protection Act, 2019, manufacturers, sellers, and service providers can be held strictly liable for harm caused by defective products — regardless of negligence. We represent consumers who have suffered physical harm, financial loss, or property damage as a result of defective goods — from automobiles and electronics to pharmaceutical products and food items — pursuing compensation, replacement, and punitive costs where warranted.

Service Deficiency & Negligence

When a service provider — whether a hospital, builder, telecom company, logistics firm, or financial institution — fails to deliver the standard of service they are legally and contractually obligated to provide, that failure is actionable. We file and pursue service deficiency complaints before consumer commissions, building cases that document the failure precisely and quantify the loss comprehensively.

False Advertising & Misleading Claims

Businesses that make claims they cannot substantiate — about product performance, pricing, discounts, features, or health benefits — are in violation of the Consumer Protection Act, 2019 and the Advertising Standards Council of India (ASCI) guidelines. We challenge misleading advertising, deceptive pricing, and false promotional claims — before consumer commissions, the CCPA, and where relevant, before courts.

Unfair Trade Practices & Unfair Contract Terms

Businesses routinely insert one-sided clauses into consumer contracts — arbitrary cancellation penalties, no-refund policies buried in fine print, unilateral price revision rights, and liability exclusions that strip consumers of their legal protections. We identify, challenge, and seek invalidation of unfair contract terms and trade practices that violate the statutory framework governing consumer transactions.

Insurance Mis-Selling & Policy Disputes

Insurance mis-selling — where policies are sold through misrepresentation, suppression of material facts, or outright fraud — is one of the most prevalent and damaging consumer rights violations in India today. We represent policyholders before consumer commissions, the Insurance Ombudsman, and the IRDAI — pursuing full refunds, policy cancellations, and compensation for losses caused by mis-sold life, health, and general insurance products.

Banking & Financial Services Disputes

Unauthorised charges, wrongful EMI deductions, failed transaction disputes, credit card billing errors, and mis-sold financial products are all fully actionable before consumer forums. We represent bank customers and financial services consumers in complaints before District, State, and National Consumer Commissions — and where appropriate, in parallel proceedings before the RBI Banking Ombudsman.

E-Commerce, Online Platforms & Digital Consumer Rights

The Consumer Protection (E-Commerce) Rules, 2020 impose specific obligations on e-commerce platforms — on returns, refunds, grievance redressal, and product authenticity. We represent consumers who have been defrauded by online sellers, denied legitimate refunds by platforms, or misled by counterfeit or misdescribed products — pursuing remedies through consumer commissions and regulatory escalation to the CCPA.

Real Estate & Builder Disputes

Delayed possession, failure to deliver promised amenities, structural defects, and illegal charges by builders and developers are among the most common and financially devastating consumer grievances in India. We pursue these disputes both before consumer commissions and before the Real Estate Regulatory Authority (RERA) — ensuring that homebuyers receive the compensation, possession, or refund they are legally entitled to.

Automobile & Product Warranty Claims

Manufacturing defects, persistent mechanical failures, and warranty denial by automobile manufacturers and dealers are fully actionable as consumer complaints. We represent buyers of defective vehicles and other high-value consumer products in compensation claims, replacement demands, and warranty enforcement proceedings.

Telecom, Utility & Essential Services

Billing disputes, service interruptions, arbitrary disconnections, and failure to honour service commitments by telecom providers, electricity boards, and utility companies are addressable through consumer commissions and sector-specific regulators including TRAI. We represent consumers in these disputes with a structured approach that combines regulatory complaints with commission proceedings for maximum impact.

Mediation & Negotiated Resolution

The Consumer Protection Act, 2019 now provides for structured mediation as an alternative to full commission proceedings — offering faster resolution without sacrificing your legal position. Where appropriate, we represent clients through the mediation process — but always with litigation readiness if the business refuses a fair settlement.

Recognising When You Have a Consumer Rights Claim

If any of the following applies to your situation, you have grounds to act — and you should act without delay: You purchased a product that was defective, dangerous, or materially different from what was advertised. You were charged for a service that was never delivered or was delivered below the promised standard. A business refused your legitimate refund, replacement, or warranty claim. You were misled by advertising, promotional claims, or sales representations that turned out to be false. An insurance policy was sold to you through misrepresentation or suppression of facts. Your bank charged you without authorisation or failed to resolve a transaction dispute. An e-commerce platform denied your return or refund in violation of its own policy. Your builder has delayed possession, denied promised amenities, or made illegal charges. A telecom or utility provider billed you incorrectly or disconnected your service without justification. Consumer commissions have strict limitation periods. The sooner you act, the stronger your position.