Unfair Trade Practice by Sleepwell – Resized Mattress Wrongly Labeled as Replacement to Deny Refund

Akshim Sukhraj Lalchandan

Akshim Sukhraj Lalchandan

New member
Dealer Name
Comfort Grid Technologies Private Limited
Company Name
The Sleep Company
Product Name
The Sleep Company Smart Ortho Pro Mattress Custom King 8 in - TSC198 3 EASY _ (Breadth:72, Height:8, Length:82
Customer Care Number
9811981911
Loss Amount
38490
Ratings
1.00 star(s)
Opposite Party Address
Regd Office: Regd Office: 7th Floor, Unit 7A, Techweb
Centre, New Link Road, Near Raigad Military School,
Jogeshwari West, Mumbai, Mumbai Suburban Maharastra 400102
To Whom It May Concern,

I am filing this formal complaint against The Sleep Company regarding the purchase of a Smart Ortho Pro Mattress (Custom Size: Length: 84", Breadth: 78", Height: 8"), based on serious concerns involving misrepresentation of product specifications, resizing misrepresented as replacement, refusal to refund, and breach of the company's advertised 100-day return policy.

Background:​

I had purchased this mattress specifically for my father, who is a senior citizen, based on clear verbal assurance given by The Sleep Company store representatives, who stated — on behalf of The Sleep Company’s official product guarantee — that the Smart Ortho Pro Mattress would be firm, orthopedic, and suitable for individuals weighing over 150 kg. This promise was the primary reason for choosing this product.

However, upon delivery, it was immediately evident that the mattress did not fit the bed properly. This issue was acknowledged by the store, and the same mattress was taken back for resizing, not replaced.

Despite this, the company is now falsely claiming that a product replacement was provided and is using that as an excuse to deny the refund, which is unjustified and misleading.

Product Misrepresentation:​

Even after resizing, the mattress does not meet the specifications promised. It is not firm, and cannot support a weight of 150 kg+ as committed. As a result, my father has been experiencing discomfort, back pain, and difficulty in getting out of the bed, making the mattress unusable and harmful to his physical health.

Breach of 100-Day Return Policy:​

The Sleep Company prominently advertises a 100-day return guarantee, under which the customer is eligible for a full refund without conditions if the product is returned within that period.

Despite raising concerns well within the 100-day window, the company is denying the refund by falsely treating the resizing as a replacement and ignoring the verbal assurance provided at the time of purchase.

This constitutes a clear violation of the company’s advertised return policy and amounts to false advertising and breach of consumer trust.

Key Concerns:​

  • The mattress was only resized, not replaced.
  • Verbal assurance was given by the store, on behalf of The Sleep Company, that the product was guaranteed to meet the promised firmness and that a refund would be honored if not satisfied.
  • The product does not meet the promised specifications and is causing discomfort and physical strain to my father, a senior citizen.
  • The 100-day return policy is being unfairly denied.
  • The Sleep Company is engaging in misleading and unethical conduct by refusing a rightful refund.

Relief Sought:​

I respectfully request the Hon’ble Consumer Forum to:

  1. Direct The Sleep Company to issue a full refund for the mattress as per the 100-day return policy and verbal assurance.
  2. Recognize that resizing is not equivalent to replacement, and refund eligibility remains valid.
  3. Hold the company accountable for misrepresentation and breach of product guarantee.
  4. Take action against unfair trade practices and false claims, ensuring no further inconvenience to customers.

Supporting Documents: Enclosed ​

  • Invoice and payment receipt
  • Communication records
  • Product specifications and policy screenshots
  • Photographs of mattress
This matter has caused financial loss, physical distress to my father (a senior citizen), and emotional stress to the family. I request a fair and prompt resolution in accordance with consumer protection laws.

Sincerely,
Dr. Akshim Sukhraj Lalchandani
🏠 Address: G304, Gopalan Habitate Splendour,
Near CMRIT College, Brookefield, Bengaluru - 560037
 

Attachments

Hello @Akshim Sukhraj Lalchandan

I'm sorry to hear about the difficulties you've encountered with The Sleep Company regarding your Smart Ortho Pro Mattress. Based on your detailed account, it appears that the company's actions may constitute unfair trade practices and a breach of their advertised return policy.

📝 Summary of Your Complaint​

  • Product: The Sleep Company Smart Ortho Pro Mattress (Custom Size: 84" x 78" x 8")
  • Purchase Price: ₹38,490
  • Issue: The mattress did not fit the bed properly upon delivery. The company took it back for resizing but is now falsely claiming it was replaced, thereby denying a refund under their 100-day return policy.
  • Additional Concerns:
    • The mattress does not meet the promised firmness and support specifications, causing discomfort and back pain to your father, a senior citizen.
    • Verbal assurances regarding product suitability and refund policy were not honored.

⚖️ Legal Precedents Supporting Your Case​

Several consumer forums in India have ruled against companies for similar unfair trade practices:
  • Kurlon Enterprises Ltd. Case: The District Consumer Disputes Redressal Commission found Kurlon guilty of supplying defective mattresses and ordered a refund of ₹20,000 along with interest and compensation. Consumer Court
  • Cheap Matting House Pvt. Ltd. Case: The company was directed to refund the amount for defective mattresses that sagged within a short period, highlighting the importance of product quality and adherence to promises made. Consumer Court

These cases underscore that manufacturers are obligated to honor warranty commitments and provide adequate after-sales service.

✅ Recommended Actions​

  1. Document All Communications:
    • Compile all emails, chat transcripts, and call logs with The Sleep Company's customer service.
    • Gather evidence of the defect, including photographs and videos.
  2. Send a Formal Legal Notice:
    • Draft a legal notice detailing the issue, the company's inadequate response, and your demand for resolution.
    • This can be done through a lawyer or by using online platforms that offer legal notice services.
  3. File a Complaint with the Consumer Forum:
    • If there's no satisfactory response within 15 days of sending the legal notice, file a complaint with the appropriate Consumer Disputes Redressal Commission.
    • Provide all documented evidence and a clear statement of the relief sought (e.g., refund, compensation).

📌 Additional Tips​

  • Check Warranty Terms: Review the warranty terms provided at the time of purchase to understand your rights and the company's obligations.
  • Consumer Protection Act, 2019: Under this act, consumers have the right to seek redressal for defective products and deficient services.

Important Tip:
Before taking legal action, it is advisable to first send a legal notice to the Opposite Party.
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Note:
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  • Filing consumer complaints for deficiency in service.
Feel free to contact us if you wish to proceed with a legal notice draft or complaint preparation.

Regards,
Support Team
 
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