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

Mr. Sameer, an avid online shopper from a metropolitan city, was recently browsing for new apparel. He came across a website called “Aarohi Styles” (aarohistyles.com), which advertised trendy clothing at attractive prices. Excited by the collection, he placed an order for several items, amounting to a total of ₹5,500, and made the payment online. A week later, a package arrived, but his excitement turned to dismay. Instead of the new, stylish clothes he had ordered, the package contained cheap, visibly used, and completely different products. The items were worn out and bore no resemblance to what was advertised on the website.

Immediately, Mr. Sameer tried to contact the company to rectify the issue. He sent multiple emails to the customer support address listed on the website but received no response. He tried calling the provided phone number, only to find it was continuously switched off. The website’s return policy page, which had promised a hassle-free return and pickup, was now a dead end. To make matters worse, he discovered that there was no physical address or registered office location mentioned anywhere on the site. Aarohi Styles had effectively taken his money and vanished, leaving him with worthless goods and no way to get a refund. This is a classic case of an online shopping scam where a fraudulent entity sets up a temporary website to dupe unsuspecting customers.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act systematically to protect your rights and seek redressal. Do not panic; instead, focus on building a strong case against the fraudulent entity.

• Gather all evidence immediately. This includes screenshots of the website, the product pages of the items you ordered, your order confirmation email, the payment transaction receipt, and clear photographs or videos of the incorrect or used items you received. Also, keep the packaging and shipping label.
• Send a formal written communication, preferably an email, to the seller detailing the issue. State the discrepancy clearly, attach evidence, and demand a full refund or the correct products. This creates a formal record of your attempt to resolve the matter.
• Report the fraudulent transaction to your bank or the payment gateway you used (like a credit card company, UPI provider, or digital wallet). They may be able to initiate a chargeback, especially for credit card transactions.
• File a complaint on the National Consumer Helpline (NCH) portal (consumerhelpline.gov.in). This is an effective first step as they often mediate between the consumer and the company.
• File a formal complaint with the appropriate Consumer Dispute Redressal Commission (Consumer Court). This can now be done online through the e-Daakhil portal.
• Lodge a complaint with the cyber crime police. You can do this online at cybercrime.gov.in or at the nearest cyber crime police station.
• 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 involve violations of several Indian laws. A legal expert can help you navigate them effectively.

• The Consumer Protection Act, 2019: This is the primary law for such grievances. The seller has engaged in “unfair trade practices” and provided a “deficiency in service.” You are entitled to a refund, compensation for mental harassment, and litigation costs.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): The actions of the seller amount to cheating. Section 318 of the BNS deals with cheating and dishonestly inducing delivery of property. Since the cheating was done using a website (a communication device), it can attract stricter penalties.
• The Information Technology Act, 2000: This Act deals with cybercrimes. The fraudulent website and the act of cheating using a computer resource fall under its purview.

If you are the complainant

As the person who has been wronged, your role is to be proactive and organized. Your actions will determine the outcome of your complaint.

• Document Everything: Create a dedicated folder (physical or digital) and save every piece of evidence. Arrange it chronologically, from the moment you visited the site to your last attempt at contacting the seller.
• Draft a Legal Notice: Through a lawyer, send a formal legal notice to the email address of the company. Even if they don’t respond, this notice is a crucial document for consumer court and police complaints, as it shows you made a formal attempt to resolve the issue before escalating it.
• File a Consumer Complaint: Use the e-Daakhil portal to file a complaint in the consumer court that has jurisdiction. The process is online and user-friendly. You will need to upload all your evidence and a written complaint.
• Pursue the Police Complaint: Do not be deterred if the police are initially hesitant. Clearly explain how the seller’s actions constitute cheating under Section 318 of the BNS, highlighting the dishonest intention from the very beginning.
• 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

Realizing you have been scammed can be stressful. Here are some immediate steps to take to regain control of the situation.

• Act Quickly: Time is of the essence. The sooner you report the issue to your bank and the authorities, the better the chances of tracing the culprits and potentially recovering your money.
• Preserve the Evidence As Is: Do not throw away the wrong products or the packaging they came in. Keep everything exactly as you received it. This is your primary physical evidence.
• Report to Payment Portals: Inform your credit card company, bank, or UPI service provider immediately. They have fraud protection departments that can investigate and may reverse the transaction.
• Warn Others: Post about your experience on social media platforms and consumer complaint forums. This can prevent others from falling for the same scam and may even help you connect with other victims of the same fraudulent website.
• 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

Dealing with the police can sometimes be challenging, but understanding their perspective helps. Initially, the police at a local station might view the case as a civil dispute or a consumer complaint, not a criminal one. They may advise you to go to the consumer court. However, you must insist that the act involves criminal intent, specifically “cheating” and “cyber fraud.” It is often more effective to approach the specialized Cyber Crime Cell, as they are better equipped to handle online fraud. They can trace the digital footprint of the fraudsters, such as the IP address used to create the website, the bank accounts linked to the payment gateway, and the phone numbers registered. Providing them with a clear, organized set of evidence will facilitate their investigation.

FAQs people normally have

Is it worth pursuing a case for a relatively small amount like ₹5,500?
Absolutely. The principle is more important than the amount. By pursuing the case, you are not only fighting for your rights but also contributing to a system that holds such fraudsters accountable. Further, consumer courts can award compensation for mental agony and litigation costs, which can exceed the original amount. These scam operations rely on victims feeling it’s “not worth the hassle.”

What if the company has no physical address? How can they be found?
This is a common tactic used by scammers. However, they leave a digital trail. The police and cyber experts can trace them through their website’s domain registration details, the IP addresses used, and the bank accounts where the money was transferred. A legal notice can be served to their registered email address, which is considered valid service in many cases, especially for consumer complaints.

Can I get my money back?
Recovery of money is possible through several avenues. A bank chargeback is the quickest if applicable. The consumer court can order a full refund along with compensation. If the police apprehend the culprits, the court can order the restitution of the cheated amount from their seized assets during the criminal trial.

What evidence is required?

To build a strong case, you need to provide a comprehensive set of documents. The more thorough your evidence, the higher your chances of success.

• A screenshot of the fraudulent website’s homepage and the specific product pages of the items you ordered.
• The order confirmation email or SMS you received.
• Proof of payment: A bank statement, credit card statement, or screenshot of the digital wallet transaction showing the debit.
• Clear photographs and videos of the wrong, used, or damaged items you received, preferably with a video of you unboxing the package if possible.
• A photograph of the shipping box and the label, which contains tracking details and sometimes a return address (which may also be fake).
• Screenshots of all your attempts to communicate with the company (emails sent, call logs showing the switched-off number).
• A copy of the legal notice sent to the company.

How long will the investigation take?

The timeline can vary significantly. A consumer court case can take anywhere from 6 to 18 months, depending on the complexity and the responsiveness of the opposing party. The e-Daakhil system has streamlined the process, but delays can still occur. A police investigation into cyber fraud can also be lengthy. Tracing digital footprints across different states, analyzing financial transactions, and identifying the culprits behind anonymous online identities can take several months. However, being persistent and regularly following up with the concerned authorities can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India