A few weeks ago, Mr. Alok Verma, a resident of Nagpur, decided to sell some old furniture. He opted to use a popular online classifieds platform called “SwiftDeals” to post an advertisement. To get better visibility, he decided to purchase a ‘featured ad’ package offered by the platform for approximately ₹2,000. He completed the payment through their online portal and received a confirmation.

However, when Mr. Verma tried to activate the featured package for his ad, the option was unavailable. Confused, he contacted SwiftDeals’ customer support. After a long wait, he was informed that he could not use the paid package because he had posted a free advertisement on their platform within the last 90 days. Mr. Verma was baffled; this condition was not clearly mentioned when he was making the payment. The platform allowed him to pay for a service it had no intention of providing under its hidden terms. Their customer helpline initially promised to resolve the issue by transferring the amount to another package but later backtracked and stopped responding to his queries. Although the amount is relatively small, Mr. Verma feels cheated by the company’s convoluted policies and substandard service.

Advice in such cases

When you face such a situation with an online service provider, it is essential to act methodically to protect your rights.

• Gather all documentation immediately. This includes screenshots of the offer, the payment confirmation email, bank transaction details, and any communication you have had with the company.
• Send a formal written complaint to the company’s official grievance redressal email ID. Clearly state the problem, the resolution you expect (a full refund or activation of the service), and a reasonable timeline for them to respond.
• If the company fails to provide a satisfactory resolution, the next step is to send a formal legal notice through an advocate. This often prompts companies to resolve the matter to avoid litigation.
• If the legal notice is also ignored, you can file a complaint before the appropriate Consumer Dispute Redressal Commission.
• 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

This case is primarily governed by the Consumer Protection Act, 2019. The key concepts applicable here are:

• Deficiency in Service: As defined under Section 2(11) of the Act, any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Allowing a customer to pay for a service and then refusing to provide it is a clear case of deficiency.
• Unfair Trade Practice: As per Section 2(47), this includes making false or misleading representations concerning the usefulness or characteristics of services. Offering a service package with convoluted and hidden terms that prevent its use can be considered an unfair trade practice.

If you are the complainant

As the person who has been wronged, you need to be proactive in pursuing the matter.

• Document Everything: Keep a meticulous record of every interaction. Note down the dates and times of calls, the names of customer service representatives you spoke with, and save all email threads.
• Formal Communication: Do not rely on verbal assurances. Put your grievance in writing via email or a registered post. This creates a paper trail that is crucial as evidence.
• Legal Notice: A legal notice drafted by a lawyer is a formal intimation to the company that you are prepared to take legal action. It details your grievance, the legal provisions they have violated, and your demand for relief.
• Consumer Complaint: You can file a complaint online through the E-Daakhil portal or physically at the District Consumer Commission. The process is designed to be consumer-friendly.
• 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

If you find yourself in a situation like Mr. Verma’s, here are the immediate steps to take:

• Preserve Evidence: Do not delete your account or the advertisement in question. Take screenshots of the entire user journey, from the offer page to the payment confirmation and the subsequent error or inability to use the service.
• Check Terms and Conditions: Go through the company’s terms and conditions, which are often long and complex. Try to find the specific clause they are citing and see if it was presented to you clearly before payment.
• State Your Claim Clearly: In all your communications, be precise about what you want. Whether it’s a full refund, the service you paid for, or compensation for the harassment, a clear demand is more effective.
• 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 cases like this, the police may be reluctant to get involved. This is because the dispute appears to be of a civil nature (a breach of contract or service agreement) rather than a criminal one. While one might argue it constitutes cheating under the Bharatiya Nyaya Sanhita (BNS), proving criminal intent (mens rea) on the part of a large corporation from the outset is difficult. The police will most likely advise you that the appropriate remedy lies with the Consumer Court, as it is a specialized forum for resolving such disputes efficiently.

FAQs people normally have

Here are some common questions that arise in such situations:

• Is it worth pursuing a case for a small amount like ₹2,000?
  Yes. The Consumer Protection Act is designed to protect consumers regardless of the transaction value. It is a matter of principle and holding companies accountable for their services. The costs of filing a complaint are minimal.
• Can I file a consumer complaint on my own?
  Yes, you can file a complaint yourself without a lawyer. The E-Daakhil portal has made the process simpler. However, consulting a lawyer can help you frame your complaint more effectively and navigate the procedure correctly.
• What can I claim as compensation?
  You can claim a refund of the amount paid, compensation for mental harassment and agony, and litigation costs.

What evidence is required?

Strong evidence is the backbone of any legal claim. For a consumer complaint of this nature, you should gather:

• Proof of payment: Bank statements, UPI transaction ID, or receipts from the payment gateway.
• Screenshots of the service/package you purchased, showing the features that were promised.
• Copies of all email and chat communications with the company’s customer support.
• A copy of the legal notice sent to the company and the postal receipt.
• Any other document that supports your claim that the service was not provided as promised.

How long will the investigation take?

This is not a police investigation. The process in a Consumer Commission involves filing the complaint, after which the Commission issues a notice to the opposite party (the company). The company is given time to file its written reply. The Commission may then proceed with hearing arguments from both sides. The Consumer Protection Act, 2019, mandates an endeavor to decide cases within three to five months, but the actual timeline can vary depending on the complexity of the case and the workload of the Commission.

Advocate Sudhir Rao, Supreme Court of India