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

Mr. Rohan Sharma, a resident of Nagpur, recently faced a frustrating situation. He placed an order for sports apparel on the website of a well-known brand, “Apex Sportsgear India,” in late May. The promised delivery date was the first week of June. However, the delivery, managed by their logistics partner “Swift Logistics,” never arrived. Days turned into weeks, and Mr. Sharma’s order status remained stagnant. His attempts to get a clear answer were met with silence. Emails went unanswered, and messages on the company’s official chat service were ignored. Both Apex Sportsgear India and Swift Logistics provided no effective customer service channels, leaving Mr. Sharma feeling helpless and cheated. This scenario is increasingly common in the e-commerce landscape, and it is important for consumers to know their rights and the steps they can take.

Advice in such cases

When you face a situation like a delayed order coupled with unresponsive customer service, it constitutes a clear case of “deficiency in service” under Indian consumer protection laws. Here is some general advice:

• Document Everything: From the moment you place the order, keep a record of everything. This includes the order confirmation email, payment receipt, screenshots of the product page and expected delivery date, and all your attempts to communicate with the company (emails, chat logs, call records).
• Send a Formal Notice: Before approaching a court, it is advisable to send a formal legal notice to both the seller (Apex Sportsgear India in this case) and their delivery partner. This notice, drafted by a lawyer, outlines your grievance, the relief you seek (delivery, refund, compensation), and a timeframe for them to comply, failing which you will initiate legal proceedings.
• File a Consumer Complaint: If the legal notice does not yield a satisfactory response, your next step is to file a complaint before the appropriate Consumer Dispute Redressal Commission (Consumer Court).

Applicable Sections of Law

The primary legislation governing such disputes is the Consumer Protection Act, 2019. Key concepts that apply here are:

• Deficiency in Service: Section 2(11) of the Act defines “deficiency” as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance. Failing to deliver a product within the promised timeframe and not providing customer support are classic examples of a deficiency in service.
• Unfair Trade Practice: If the company falsely represents a delivery timeline to induce a purchase, it can be considered an unfair trade practice under Section 2(47).
• Liability of E-commerce Entity and Sellers: The Act and the associated E-commerce Rules, 2020, place clear responsibilities on both the marketplace and the sellers. This includes establishing an adequate grievance redressal mechanism.

If you are the complainant

As the complainant, you are the one driving the action to seek justice. The process should be systematic.

• Organize Your Evidence: Put all your documents, screenshots, and communication records in chronological order. A well-organized file is crucial for building a strong case.
• Draft a Clear Complaint: Your complaint to the consumer court should clearly state the facts of the case, the deficiency in service by the opposite parties, the relief you are seeking (refund, compensation for the product, and damages for mental agony and litigation costs), and the evidence you are relying on.
• File in the Correct Jurisdiction: Complaints can be filed in the District Commission where you reside or work, or where the company’s office is located. The value of your claim will determine the jurisdiction (District, State, or National 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.

If you are the victim

Realizing you are a victim of poor service can be stressful. Here’s how to handle the initial phase:

• Stay Calm and Persistent: Do not get discouraged by the lack of response. Continue to send follow-up emails and messages. This creates a longer trail of evidence showing their negligence.
• Use Public Platforms: Sometimes, posting your grievance on the company’s social media handles (like Twitter or Facebook) can elicit a faster response, as companies are sensitive to public perception. Tag the company and its senior management if possible.
• Understand Your Rights: Know that the law is on your side. You are entitled to either receive the product you paid for or get a full refund. You can also claim compensation for the harassment and inconvenience caused.
• 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

It is important to understand that a case of delayed delivery is a civil dispute, not a criminal one. Therefore, the police have a limited role. If you approach a police station, they will likely inform you that this is a matter for the Consumer Court and will not register an FIR (First Information Report). Police intervention would only be warranted if there is a clear element of criminal fraud, such as a fake website designed to steal money with no intention of ever delivering any product. For standard e-commerce disputes, the correct path is through the consumer protection framework.

FAQs people normally have

Here are some frequently asked questions in such situations:

• Can I file a complaint against both the brand and the delivery company?
  Yes. You can and should name both parties in your complaint, as both have a responsibility towards you as a consumer.
• Do I need a lawyer to go to the Consumer Court?
  While it is not mandatory to hire a lawyer for the District Commission, and you can represent yourself, legal expertise is highly recommended. A lawyer can navigate the procedures, draft documents correctly, and argue the case effectively, significantly increasing your chances of a favourable outcome.
• Can I file the complaint from my city online?
  Yes, the government has launched the E-DAAKHIL portal (edaakhil.nic.in), which allows consumers to file complaints online from anywhere, making the process more accessible.
• What if the company offers a refund after I file the case?
  You can choose to accept the refund and withdraw the case. However, you are also within your rights to pursue the case for additional compensation for the mental agony, harassment, and costs you incurred due to their deficiency in service.

What evidence is required?

To build a strong case, you will need the following evidence:

• A copy of the order confirmation invoice or bill.
• Proof of payment (bank statement, credit card statement, digital wallet transaction history).
• Screenshots of the product page showing the promised delivery date.
• Copies of all correspondence with the company, including emails, chat transcripts, and records of any calls made.
• A copy of the legal notice sent to the company and the postal receipt.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a speedy trial. A consumer case is expected 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. While these are the statutory timelines, the actual duration can vary depending on the complexity of the case and the workload of the specific commission. However, the process is significantly faster than traditional civil courts.

Advocate Sudhir Rao, Supreme Court of India