one of my Client recent had case which i am explaining below and If you are stuck in such similar situation, here is what to do.

My client, Mr. Arjun Desai of Salora, ordered three premium phone covers from the e-commerce portal “CyberMall India.” During checkout a promotional coupon auto-applied, displaying a payable amount of ₹3,718. However, once redirected to the payment gateway “QuickPay,” the payable amount rose to ₹4,299. Believing it to be a glitch, Mr. Desai nevertheless completed the transaction, expecting an automatic refund of the excess.

After receiving a payment confirmation for ₹4,299, he immediately emailed CyberMall’s customer support and raised a ticket through their app dashboard. Days passed with only automated replies. When the package finally arrived, it contained the covers but no invoice reflecting the higher amount. Repeated phone calls to the customer helpline resulted in vague assurances that “the finance team will revert.”

Feeling stonewalled, Mr. Desai approached our office. We reviewed screenshots of the checkout page, payment page, bank statement, email trails, and the unopened parcel’s shipping label — all crucial in a misbilling dispute. Because the differential arose at the payment gateway stage, liability could attach to both CyberMall and QuickPay under the Consumer Protection Act 2019 and the Information Technology Act 2000 (as amended).

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 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.
• Preserve digital evidence—screenshots, emails, SMS alerts, and bank statements.
• File a detailed complaint on the National Consumer Helpline (1915) and upload all proofs.
• Send a robust legal notice to both the e-commerce portal and the payment gateway, invoking strict liability under the Consumer Protection Act 2019.
• If no resolution within 30 days, approach the appropriate Consumer Commission (District for claims up to ₹50 lakh).
• Consider filing an FIR for cheating under section 317 of Bharatiya Nyaya Sanhita 2023 (BNS) if there is deceptive intent.

Applicable Sections of Law

• Section 317, 318 BNS 2023 – Cheating and dishonest inducement.
• Section 86 Bharatiya Sakshya Adhiniyam 2023 – Electronic records as evidence.
• Consumer Protection Act 2019 – Unfair trade practice & deficiency in service.
• Rule 5 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 – Due diligence obligations of intermediaries.
• Section 175 Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) – Police power to investigate cognisable offences on complaint.

If you are the complainant

• Draft a chronologically structured complaint with all attachments.
• Send a notice via speed post and email demanding refund within 15 days.
• Escalate on social-media handles of the company; companies often resolve to avoid public ire.
• If unresolved, file a Consumer Commission petition along with an application for interim relief, praying for refund plus compensation and litigation costs.
• Request the Commission to direct the payment gateway to furnish transaction logs.

If you are the victim

• Do not accept partial refunds offered “as goodwill” if they do not cover the full overcharged amount and consequential losses.
• Maintain all shipping materials unopened until photographed or examined by an expert, in case tampering is alleged.
• Keep communication polite but firm; abusive language can be used against you.
• If a chargeback window exists with your card issuer, initiate it promptly.
• Consult with Lawyer: Professional drafting of notices and pleadings greatly improves settlement chances.

How the police behave in such cases

Police often term such disputes “civil” and may refuse to register an FIR. Politely insist on registration citing Section 175 BNSS which mandates recording information regarding cognisable offences. If still refused, send the complaint to the Superintendent of Police under Section 178 BNSS. Escalation to the jurisdictional Magistrate under Section 180 BNSS usually compels action.

FAQs people normally have

• Will I need to appear in court repeatedly? Consumer Commission hearings are largely document-based; personal appearance can be through video conferencing in many States.
• Can the company blacklist my account? Yes, but that may itself amount to unfair trade practice and can be challenged.
• Is recording customer-care calls legal? Yes, for personal evidence, provided no third-party privacy is violated.

What evidence is required?

• Checkout page screenshot showing discounted price.
• Payment gateway page reflecting higher charge.
• Bank or UPI statement confirming debit.
• Email/SMS confirmations from CyberMall and QuickPay.
• Courier label and packing slip.
• Any recorded customer-care conversations (date and time-stamped).

How long will the investigation take?

Consumer Commission cases with clear documentary proof often conclude within 6–9 months. Police investigations under BNS may take 3–4 months for digital evidence collation and filing of chargesheet. Settlement at the notice stage, however, can arrive in as little as two weeks when documentation is airtight.

Advocate Sudhir Rao, Supreme Court of India