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

Mr. Sameer Verma, a resident of the city of Anandpur, recently ordered a new electronic gadget worth approximately Rs. 1,500 from a prominent online shopping portal called ‘QuickDeal Retail’. A few days later, he received a notification confirming the delivery of his order. However, Mr. Verma never actually received the package. Upon contacting QuickDeal’s customer support, he was informed that their “internal investigation” had concluded that the order was successfully delivered to his address. When he requested details of this investigation, such as the delivery person’s proof of delivery or signature, the executives refused to share any information, citing internal policy. They denied his request for a replacement or a refund and disconnected his calls, leaving him without the product he paid for.

Advice in such cases

Facing such a situation with a large e-commerce company can be frustrating. Their reliance on opaque “internal investigations” often leaves the consumer helpless. However, Indian law provides strong protection for consumers.

• Document Everything: From the moment you place the order, keep a record of everything. This includes the order confirmation email, payment receipt, all communications with customer service (take screenshots of chats, record call details), and the delivery notification.
• Formal Written Communication: Send a detailed email to the company’s official grievance redressal officer (details are usually on their website). Clearly state the facts, mention your order number, and attach all relevant proof. Demand a resolution (refund or replacement) within a specific timeframe, like 7-15 days.
• Utilize Social Media: Sometimes, posting your grievance on social media platforms and tagging the company can lead to a faster response as companies are protective of their public image.
• 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

The primary law governing such disputes is the Consumer Protection Act, 2019. The actions of the e-commerce company can be challenged under the following grounds:

• Deficiency in Service: The failure to deliver a product for which payment has been received is a clear case of deficiency in service.
• Unfair Trade Practice: Refusing a refund based on a secret “internal investigation” without providing any proof to the consumer can be considered an unfair trade practice.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If there is evidence of intentional deceit (e.g., a fake delivery confirmation with the intent to defraud), it could potentially fall under Section 318 of the BNS, which deals with cheating.

If you are the complainant

As the person who has been wronged, you are the complainant. You must act methodically to build a strong case.

• Gather and Organize Evidence: Put all your documents, screenshots, and communication records in chronological order.
• Send a Legal Notice: Your lawyer can draft and send a formal Legal Notice to the company’s registered office. This notice will outline the entire issue, cite the relevant laws, and state your demand for a refund/replacement and compensation for mental harassment. Many companies resolve the issue at this stage to avoid litigation.
• File a Consumer Complaint: If the company does not respond to the legal notice, you can file a complaint before the appropriate District Consumer Disputes Redressal 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

Realizing you’ve been short-changed by a large corporation can be distressing. It’s important to remember that you have rights.

• Stay Calm and Persistent: Do not get discouraged by the initial denials from customer service. Follow the formal channels of complaint.
• Understand Your Rights: As a consumer, you have the right to receive the goods you paid for. The burden of proof for a successful delivery lies with the seller, not you. An “internal investigation” is not legally binding proof.
• Seek Professional Help: Legal disputes can be complex. Engaging a lawyer ensures your case is presented correctly and professionally, maximizing your chances of a favourable outcome.

How the police behave in such cases

Typically, the police may view such a case as a civil dispute, especially for smaller amounts, and might advise you to approach the Consumer Commission. They are often reluctant to file an FIR for what appears to be a service-related issue. However, if you can present evidence suggesting a larger scam or a clear criminal intent to cheat (for instance, if the delivery agent is involved in a pattern of such fake deliveries), the police may be persuaded to register a complaint under Section 318 of the BNS. The investigation would then be conducted as per the procedures laid down in the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

FAQs people normally have

Q: Is it worth pursuing a case for a small amount like Rs. 1,500?
A: Absolutely. The Consumer Protection Act is designed to handle claims of all sizes. Pursuing the case is not just about the money; it’s about holding companies accountable for their services and upholding your rights.

Q: Can I file the consumer complaint myself without a lawyer?
A: Yes, the procedure allows for individuals to file and argue their own cases. However, having a lawyer ensures that all legal nuances are handled correctly, and the complaint is drafted effectively, which can significantly impact the outcome.

Q: What if the company claims I am making a false complaint?
A: The burden of proof for delivery rests with the company. They must provide concrete evidence like a signed proof of delivery or OTP confirmation that can be verified. A mere statement from their delivery agent is not sufficient proof.

What evidence is required?

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

• Proof of purchase (invoice, order confirmation email).
• Proof of payment (bank statement, credit card statement, UPI transaction ID).
• All written communication with the company (emails, chat transcripts).
• Details of phone calls made to customer service (dates, times, summary of conversation).
• A copy of the legal notice sent to the company and the postal receipt.
• An affidavit stating the facts of the case.

How long will the investigation take?

If you file a case in the Consumer Commission, the Consumer Protection Act, 2019, mandates an endeavor to dispose of the complaint within three months from the date of receipt of notice by the opposite party, and within five months if the case requires analysis or testing of commodities. In practice, it can sometimes take longer depending on the complexity and the caseload of the commission, but it is generally much faster than a conventional civil court.

Advocate Sudhir Rao, Supreme Court of India