If you are stuck in such a situation, here is what to do.
Mr. Alok Verma, a resident of a small town named Rampur, recently faced a distressing situation with a major online retailer, “QuickDeal Pvt. Ltd.” He had ordered a specific electronic gadget for his work. However, upon delivery, he discovered that he had been sent a completely different, lower-value item. For over three weeks, Mr. Verma has been trying to get a refund. He has contacted customer support multiple times, but his refund request is repeatedly rejected with baseless reasons, such as claiming he cancelled the return request, which he never did. The only response he gets to his emails is a standard, unhelpful message stating that the issue has been forwarded to the “relevant team” and he should “have patience.” While the financial loss is not substantial, the experience has been frustrating and has broken his trust in online shopping. He is now looking for the correct legal steps to resolve this matter.
Advice in such cases
When you receive a wrong product from an e-commerce platform and the company refuses to cooperate, it constitutes a deficiency in service and an unfair trade practice. Here are the steps you should consider:
Document Everything: Keep meticulous records of all communication. This includes the order confirmation, payment receipt, photographs and videos of the wrong product you received (ideally an unboxing video), screenshots of your communication with customer service (chats, emails), and any reference numbers for your complaint.
Send a Formal Legal Notice: The next step is to have a lawyer draft and send a formal legal notice to the e-commerce company’s registered office. This notice will detail your grievance, the relief you are seeking (refund, compensation for harassment), and a timeframe within which to comply. Often, a formal notice from a lawyer is enough to get the company to resolve the issue.
File a Consumer Complaint: If the company does not respond to the legal notice, you can file a complaint in the appropriate Consumer Disputes Redressal Commission (Consumer Court). With the advent of the E-Daakhil portal, you can now file your complaint online from the comfort of your home.
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 are primarily governed by the Consumer Protection Act, 2019. Key concepts include:
Deficiency in Service: Under Section 2(11) of the Act, sending a wrong product and then failing to rectify the error by providing a refund or replacement is a clear “deficiency in service.”
Unfair Trade Practice: As defined in Section 2(47), making false or misleading statements about the goods or services, such as the reason for rejecting a refund, constitutes an “unfair trade practice.”
Bharatiya Nyaya Sanhita (BNS), 2023: If there is evidence of a deliberate intention to deceive from the outset, it could potentially be considered cheating under Section 318 of the BNS. However, most e-commerce disputes are handled through consumer courts as they are more efficient for such matters.
If you are the complainant
As the complainant, your primary responsibility is to build a strong case with solid evidence. Follow these steps methodically:
Organize all your documents, including the invoice, payment proof, communication logs, and photographic evidence.
Do not dispose of the wrong product or its packaging, as it is crucial evidence.
Draft a clear timeline of events, starting from the date of order to the last communication with the company.
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.
Follow your lawyer’s advice on sending a legal notice and, if necessary, proceeding with filing a case in the consumer forum.
If you are the victim
If you find yourself in this situation, it is important to act promptly and correctly:
As soon as you receive the package, try to make an unboxing video. This is the best form of evidence.
Immediately inform the seller through their official app or website. Use the prescribed channel for reporting an issue.
Take clear pictures of the item received, the packaging, and the shipping label.
Do not accept verbal assurances. Insist on written communication via email or the platform’s chat service so you have a record.
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
Typically, the police are hesitant to register a First Information Report (FIR) for such matters. They often view them as civil disputes concerning a breach of contract rather than a criminal offence. They will likely advise you to approach the Consumer Court. However, if there is a pattern of fraud by a particular seller or platform affecting numerous customers, or if the value of the product is very high, the police might be persuaded to register a case under Section 318 of the BNS for cheating. The investigation would then proceed as per the guidelines of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
FAQs people normally have
Can I file a case against a large e-commerce company?
Yes, absolutely. The law is the same for all entities, regardless of their size. The Consumer Protection Act is specifically designed to protect consumers from such practices.Is it worth the hassle for a small amount?
Yes. Filing a consumer complaint is a matter of principle and helps hold companies accountable. The process is designed to be consumer-friendly, and with the E-Daakhil portal, it has become more accessible. You can also claim compensation for mental agony and litigation costs.What if the seller is different from the e-commerce platform?
You can make both the seller and the e-commerce platform (marketplace) parties to your complaint. The platform has a responsibility to ensure the sellers listed are genuine and that consumer grievances are addressed.
What evidence is required?
To build a strong case, you will need the following evidence:
A copy of the order confirmation and the invoice.
Proof of payment (e.g., credit card statement, UPI transaction details).
Clear photographs and/or an unboxing video of the wrong product, showing the packaging and shipping label.
Screenshots or copies of all emails, chats, and other correspondence with the company’s customer service.
A copy of the legal notice sent to the company and the postal receipt as proof of delivery.
How long will the investigation take?
The timeline depends on the path you choose. If the matter is resolved after a legal notice, it can take a few weeks. If you file a case in the Consumer Court, the Consumer Protection Act, 2019, mandates an endeavor to decide the case within three months from the date of receipt of notice by the opposite party, and within five months if the case requires product testing. While delays can happen, the process is significantly faster than a conventional civil suit.
Advocate Sudhir Rao, Supreme Court of India