One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X, a resident of City A, ordered clothing from X.brand online store on DD/MM/YYYY for Rs. 5,500. When the outfit arrived, it did not meet his expectations in terms of fit and quality. Following the company’s return policy, Mr.X attempted to return the item within the stipulated timeframe of 7 days. However, X.brand only provided email communication for customer service. Despite multiple emails sent starting DD/MM/YYYY, the company failed to respond adequately or provide return instructions. When they finally responded after 15 days, they refused the return claiming the time limit had expired, even though Mr.X had initiated the process within the valid period. The company also failed to provide proper customer service channels and ignored consumer rights under the Consumer Protection Act.

Advice in Such Cases

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 to 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.

Document all communication attempts with timestamps and screenshots. Preserve the original order confirmation, payment receipts, and delivery details. File a complaint with the National Consumer Helpline immediately. Check if the online store is registered under the appropriate authorities and verify their return policy terms.

Applicable Sections of Law

This case falls under the Consumer Protection Act, 2019, along with provisions under BNS and BNSS. Section 316 of BNS covers criminal breach of trust if the seller deliberately withholds refunds. Section 318 of BNS addresses cheating by dishonestly inducing consumers. The Information Technology Act, 2000 also applies to online transactions. Under BNSS Section 173, consumer complaints can be investigated as economic offenses. The Consumer Protection Act specifically covers deficiency in service, unfair trade practices, and violations of consumer rights in e-commerce transactions.

If You Are the Complainant

• File a complaint with the District Consumer Disputes Redressal Commission within two years of the cause of action
• Gather all evidence including order confirmations, payment receipts, communication records, and screenshots
• Calculate the total loss including the product cost, shipping charges, and any additional expenses incurred
• Register a complaint on the National Consumer Helpline portal (1915) for immediate assistance
• Send a legal notice to the company demanding refund with 15-day time limit before approaching consumer court

If You Are the Victim

• Preserve all digital evidence including emails, WhatsApp messages, order confirmations, and payment screenshots
• Check your bank statements and credit card records to document the exact transaction details
• Review the website’s terms and conditions at the time of purchase and take screenshots if still available
• File complaints on consumer grievance portals and review platforms to create a public record
• Seek refund through your payment gateway or bank’s chargeback facility if paid by card

How the Police Behave in Such Cases

Police typically treat online consumer disputes as civil matters unless fraud or cheating is clearly established. They may advise approaching consumer courts first. However, if the amount is substantial or involves criminal breach of trust, they will register an FIR under relevant BNS sections. Cyber crime cells are more equipped to handle online retail disputes and can provide better assistance in evidence collection and pursuing complaints against e-commerce platforms.

FAQs People Normally Have

Can I get a refund after the return period expires? Yes, if the delay was due to the seller’s unresponsive customer service or technical issues on their platform, consumer courts often rule in favor of buyers.

What if the online store has closed down? You can still file complaints and seek refunds through payment gateways, and pursue the directors/owners personally for recovery.

How long does consumer court take? District consumer courts typically resolve cases within 3-6 months for straightforward matters.

What compensation can I claim? You can claim the product cost, shipping charges, mental harassment compensation, and litigation costs.

What Evidence Is Required?

• Order confirmation email with product details and delivery timeline
• Payment receipts from bank, credit card, or digital wallet
• Screenshots of the product listing at the time of purchase
• Communication records with customer service including email timestamps
• Delivery acknowledgment and packaging photos
• Website’s return and refund policy screenshot from purchase date
• Bank statements showing the transaction debit

How Long Will the Investigation Take?

Consumer court proceedings typically take 3-6 months for clear-cut cases involving online retailers. The National Consumer Helpline provides initial response within 7-15 days. If filed as a criminal complaint under BNS sections, police investigation may take 60-90 days. E-commerce platform internal grievance mechanisms usually respond within 24-48 hours, though resolution may take 15-30 days depending on case complexity.

Advocate Sudhir Rao, Supreme Court of India