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

Mr. Kumar, a resident of Nagpur, recently decided to use an online platform called “GameTrade Hub” to trade some of his video game discs. He carefully packaged ten of his original game discs, which included eight games for one console and two for a newer console. He sent the package to the company’s processing centre in Pune as per their instructions.

A few days later, Mr. Kumar was shocked to see an update from GameTrade Hub. The company claimed they had only received four of the ten discs he sent. To make matters more confusing, the credits they issued in his account did not match their own claim. They credited him for three older console games and, bizarrely, one of the newer console games which they simultaneously claimed was missing from the package.

When Mr. Kumar pointed out this glaring contradiction through their customer support email, asking how they could issue a credit for a game they alleged they never received, the company abruptly ceased all communication. His follow-up emails and messages went unanswered. He realised that the company had either carelessly lost six of his valuable games or was deliberately misleading him. The lack of transparency, coupled with the contradictory information and subsequent silence, left Mr. Kumar feeling cheated and robbed of his property.

Advice in such cases

• Document Everything: From the very beginning, keep a meticulous record of all your interactions with the company. This includes screenshots of the app, emails, chat transcripts, payment confirmations, and any terms and conditions you agreed to.
• Formal Communication: Send a formal written complaint to the company’s official email address or registered office. Clearly state the facts, the discrepancy you’ve identified, and what you expect as a resolution (e.g., return of your items, proper compensation). This creates a formal paper trail.
• Do Not Hesitate: Do not delay in taking action. Many platforms have terms that specify a limited time frame for raising disputes. Acting promptly shows you are serious about resolving the issue.
• 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.

Applicable Sections of Law

Such cases primarily fall under the purview of consumer protection and contract laws in India.

• The Consumer Protection Act, 2019: This is the most relevant law. The company’s actions can be classified as a ‘deficiency in service’ and ‘unfair trade practice’. You, as a consumer, have the right to file a complaint in the appropriate Consumer Disputes Redressal Commission (Consumer Court).
• The Indian Contract Act, 1872: When you used the platform’s service, you entered into an implicit contract. The company’s failure to account for your goods and provide the agreed-upon service is a breach of this contract.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If it can be proven that the company had a dishonest intention from the outset to deceive you and misappropriate your property, a case for cheating under Section 318 of the BNS could potentially be made. However, proving this criminal intent can be challenging.

If you are the complainant

• Gather All Evidence: Collect all documents, screenshots, and communication records. If you have a receipt from the courier service you used to send the items, that is a crucial piece of evidence.
• Send a Legal Notice: Before approaching a court, it is advisable to have a lawyer send a formal Legal Notice to the company. This notice will outline your grievance, the legal provisions they have violated, and a demand for resolution within a specific timeframe (e.g., 15 or 30 days). Often, a stern legal notice is enough to prompt a company to settle the matter.
• File a Consumer Complaint: If the company does not respond to the legal notice or refuses to resolve the issue, you can file a complaint with the District Consumer Disputes Redressal Commission. These forums are designed to be consumer-friendly and provide a relatively speedy resolution.
• 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

• Stay Calm and Methodical: It is natural to feel angry and cheated, but approaching the problem systematically will yield better results. Panicking can lead to mistakes.
• Preserve Proof: Do not delete any messages or emails from the company, even if they are frustrating. Take screenshots of their application showing the contradictory credits or any other misleading information before they can change or delete it.
• Seek a Resolution Directly: Make one final, formal attempt to resolve the issue directly with the company’s grievance officer or senior management, referencing your previous unanswered communications.
• 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

In situations like this, the police may be reluctant to register a First Information Report (FIR). They often view such matters as civil disputes or breaches of contract rather than criminal offenses. They are likely to advise you to approach the Consumer Court. However, if you have strong evidence suggesting a pre-planned scam or fraudulent intent (cheating), you can insist on filing a complaint. A lawyer’s assistance can be crucial in persuading the police to register an FIR under the relevant sections of the Bharatiya Nyaya Sanhita (BNS).

FAQs people normally have

Can I file a case if the company’s terms and conditions say they are not responsible for lost items?
Yes. Unilateral and unfair terms and conditions that put the consumer at a complete disadvantage can be challenged and are often struck down by Consumer Courts as ‘unfair trade practices’. A company cannot absolve itself of all liability for negligence.

Is it worth the effort for a few thousand rupees?
Filing a consumer complaint is not just about recovering your money; it’s about holding a company accountable for its deficient services. The process is designed to be accessible, and the principle of the matter is important for preventing the company from cheating other consumers in the future.

What if the company is in another city?
Under the Consumer Protection Act, 2019, you can file a complaint in the Consumer Commission within whose jurisdiction you reside or personally work for gain. You do not necessarily have to travel to the city where the company is located.

What evidence is required?

The more evidence you have, the stronger your case will be. Crucial pieces of evidence include:

• Screenshots of the company’s website or app showing the trade-in offer and your transaction.
• All email and chat communication with the company.
• Proof of dispatch (courier receipt) showing you sent the items.
• Screenshots of your account on their platform showing the incorrect or contradictory credits.
• A copy of the legal notice sent to the company and any response received.
• Bank or credit card statements if any payment was involved.

How long will the investigation take?

The duration depends on the path you choose:

• Consumer Court: The Consumer Protection Act, 2019, aims for speedy disposal of cases, ideally within 3 to 5 months. However, depending on the complexity and the backlog of cases, it can sometimes take longer.
• Police Investigation: If a criminal case (FIR) is registered, the investigation timeline is not fixed. It can take several months or even longer, depending on the police’s workload and the intricacies of the case. The filing of a chargesheet under the Bharatiya Nagarik Suraksha Sanhita (BNSS) marks the end of the investigation, after which the court trial begins.

Advocate Sudhir Rao, Supreme Court of India