If you are stuck in such a situation, here is what to do.
Mr. Alok, a resident of Janakpuri, placed an order for an electronic gadget from a company named “Techno World” based in Ratanpur. It has been over five weeks since the order was placed, and the parcel has not yet been delivered. The online tracking status provided by the courier company, “ExpressGo Logistics,” has been stuck on “In Transit” for weeks without any meaningful update. When Mr. Alok contacted ExpressGo Logistics, their customer service attributed the delay to unforeseen road blockades. However, Mr. Alok found this explanation dubious, as inquiries with other courier services confirmed that while deliveries were slower, they were still reaching their destination. To make matters worse, the seller, Techno World, has stopped responding to his calls and emails, leaving him in a lurch. Now, Mr. Alok is contemplating filing a complaint in the consumer court but is unsure whether to proceed against the courier company for non-delivery or the seller for failing to ensure the product reached him.
Advice in such cases
Document Everything: Compile all relevant documents, including the original order confirmation, payment receipt, invoice, shipping confirmation email, and screenshots of the tracking status.
Formal Communication: Send a formal written communication (preferably an email to create a record) to both the seller and the courier company, detailing the issue and demanding a resolution within a specific timeframe.
Legal Notice: If there is no response, the next step is to send a formal legal notice to both parties. This often prompts a quicker resolution.
Consult with Lawyer: 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
Consumer Protection Act, 2019: This is the primary legislation governing such disputes.
Section 2(11) – ‘Deficiency’ in Service: The failure of the courier to deliver the parcel and the seller’s failure to ensure its delivery constitute a deficiency in service.
Section 2(47) – ‘Unfair Trade Practice’: If the seller knowingly took payment without intending to deliver or used an unreliable courier, it could be considered an unfair trade practice.
Section 35 – Manner in which complaint shall be made: This section outlines the procedure for filing a complaint before the Consumer Dispute Redressal Commissions (District, State, or National).
Bharatiya Nyaya Sanhita, 2023 (BNS): In rare cases, if there is clear evidence of fraudulent intent from the beginning (e.g., a fake company), criminal charges like cheating under Section 318 of the BNS could be applicable. However, for a simple non-delivery, the consumer court is the appropriate forum.
If you are the complainant
Target Both Parties: It is advisable to file the complaint against both the seller and the courier company. The seller is your primary point of contact and is responsible for the goods until they are delivered to you. The courier company is the seller’s agent and is responsible for the service they were hired to provide.
Jurisdiction: File the complaint in the District Consumer Commission where you reside or work, or where the seller’s business is located. The pecuniary jurisdiction depends on the value of the goods and services plus the compensation claimed.
Claim Relief: In your complaint, you can claim a full refund of the product cost, compensation for the mental agony and harassment suffered, and litigation costs.
Consult with Lawyer: 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
Understand Your Rights: As a consumer, you have the right to receive the goods you paid for in good condition and within a reasonable time. The seller’s responsibility does not end once the item is shipped.
Initiate Action: Do not delay. Send a legal notice as soon as it becomes clear that the seller and courier are not resolving the issue. This notice is a mandatory precursor in some cases and a strong tool in all.
Lodge a Complaint: Proceed to file a formal complaint with the Consumer Commission. You do not need to be an expert to do this, but professional guidance is highly recommended.
Consult with Lawyer: 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
This is typically considered a consumer dispute, which is civil in nature. The police are unlikely to register an FIR for a simple case of an undelivered parcel. They will rightly advise you to approach the Consumer Court for redressal. Police intervention would only be warranted if there is substantial evidence of a large-scale scam, organized fraud, or criminal breach of trust, which would fall under the Bharatiya Nyaya Sanhita (BNS). For an individual transaction gone wrong, the consumer forum is the designated and most effective path.
FAQs people normally have
What evidence is required?
A copy of the invoice or bill for the item purchased.
Proof of payment (bank statement, credit card statement, digital wallet transaction history).
The airway bill (AWB) number or tracking number provided by the courier.
Screenshots of the tracking history showing the lack of progress.
Copies of all communication (emails, chat logs, letters) with both the seller and the courier company.
A copy of the legal notice sent to both parties and the postal receipts.
How long will the investigation take?
The Consumer Protection Act, 2019, mandates a swift resolution process. A complaint is supposed to be decided within three months from the date of receipt of notice by the opposite party, or within five months if the case requires product testing. However, due to procedural requirements and caseloads, the actual time taken can vary and may extend longer. A well-prepared case with clear evidence tends to be resolved more quickly.
Advocate Sudhir Rao, Supreme Court of India