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 ordered multiple clothing items from X.brand, an online fashion retailer. The delivery arrived significantly late, which was the first red flag. Upon opening the package, Mr.X discovered that the clothes inside were completely different from what he had ordered online. The items appeared to be used and in poor condition, suggesting they might have been returned by previous customers. When Mr.X contacted X.brand for a refund, the company denied his request, claiming the items were as described. Mr.X then approached the National Consumer Helpline, but his case was closed without satisfactory resolution. He now seeks legal remedies for this clear case of consumer fraud and deficient service.

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 everything immediately – take photographs of received items, preserve original packaging, and maintain all communication records with the seller. File a consumer complaint in the appropriate forum within the limitation period. Consider approaching cybercrime cells if the transaction involved digital payment fraud.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and fraudulent practices in trade. Section 319 covers dishonest misappropriation of property. The Consumer Protection Act 2019 provides additional remedies for deficient services and unfair trade practices. Under BNSS, Section 173 governs the investigation of such economic offenses. These provisions collectively address online shopping fraud and protect consumer rights against deceptive business practices.

If You Are the Complainant

• Gather all evidence including order confirmation emails, payment receipts, delivery documents, and photographs of received items
• File a formal written complaint with the consumer forum having appropriate jurisdiction based on the transaction value
• Submit a detailed affidavit explaining the sequence of events and financial loss suffered
• Approach the cybercrime cell if the company refuses to cooperate or has a pattern of such fraudulent practices
• Maintain detailed records of all communication attempts with the seller and their responses

If You Are the Victim

• Immediately stop using any services from the seller and avoid making further purchases until the matter is resolved
• Contact your bank or payment gateway to dispute the transaction and seek chargeback if applicable
• Report the matter to relevant consumer protection agencies and online marketplace platforms
• Join online consumer forums to share your experience and seek support from others facing similar issues
• Preserve all physical evidence including the wrong items received, as they may be crucial for proving your case

How the Police Behave in Such Cases

Police typically treat such cases as consumer disputes initially and may direct you to consumer forums. However, if the transaction amount is substantial or there’s evidence of systematic fraud, they register FIRs under relevant sections of BNS. Cybercrime cells are more responsive to online shopping fraud cases, especially when multiple victims are involved. They usually require comprehensive documentation before initiating investigation.

FAQs People Normally Have

Can I get refund even if seller refuses? Yes, consumer forums can order refunds with compensation and costs.

What if the company is located in another state? You can file complaint where you reside or where the company is registered.

Is there a time limit for filing complaints? Generally two years from the date of cause of action under Consumer Protection Act.

Can I claim compensation beyond refund? Yes, you can claim compensation for mental agony, travel expenses, and legal costs.

What Evidence Is Required?

• Original order confirmation emails and screenshots of product descriptions
• Payment receipts, bank statements, or digital payment confirmations
• Photographs of received items clearly showing the differences from ordered products
• Delivery receipts, packaging materials, and courier tracking details
• Screenshots of all communication with customer service representatives
• Medical certificates if used clothes caused any health issues
• Witness statements from family members who saw the delivered items

How Long Will the Investigation Take?

Consumer forum cases typically take 6-12 months depending on the complexity and evidence quality. Police investigations for fraud cases may take longer, usually 6-18 months. However, interim orders for refunds can be obtained within 2-3 months in clear-cut cases. The timeline depends on the seller’s cooperation and the strength of evidence presented.

Advocate Sudhir Rao, Supreme Court of India