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

Mr. Kumar, a resident of Navipur, is facing immense frustration and mental distress after his experience with a major online retailer, “MegaMart Online.” His ordeal began on October 15th during their “Grand Festive Sale,” when he ordered a Symphony 500L Double-Door Refrigerator for ₹55,490. What should have been a simple purchase turned into a two-week-long nightmare.

Mr. Kumar has been forced to place the same order four times, and on each occasion, MegaMart Online cancelled it without a valid reason, often fabricating excuses. The first time, the delivery agent suggested he reject the item due to unsafe packaging, which he did. The second time, the order was cancelled by the company without any call or delivery attempt, yet it was falsely marked as “rejected by customer.” The third attempt saw the same false “rejected” status without anyone ever reaching out. On the fourth attempt, Mr. Kumar managed to get a recorded confession from the delivery agent, who admitted to cancelling the order himself without ever visiting the address.

To make matters worse, the price of the refrigerator increased with each new order. The customer service team assured him the price difference would be refunded to his MegaMart wallet, but this offered little consolation for the harassment and the lack of delivery. Mr. Kumar has diligently collected evidence, including CCTV footage proving no delivery was attempted, confirmation from his building’s security staff, screenshots of the cancellations, contradictory emails from the company, and the crucial audio recording of the delivery agent’s admission.

This situation is a classic example of deficiency in service and unfair trade practices, causing not just financial inconvenience but also significant mental anguish. Mr. Kumar has already filed a complaint on a national helpline, which yielded no results, and is now considering approaching the consumer court.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act methodically to build a strong case.

• Gather All Evidence: Systematically collect and save all communication. This includes screenshots of the order pages, cancellation notifications, emails, chat transcripts with customer support, and any call recordings (be aware of call recording laws in your state). If possible, secure CCTV footage or statements from witnesses like security guards.
• Send a Legal Notice: Before approaching a court, it is often advisable to have a lawyer send a formal legal notice to the company’s registered office. This notice should detail the entire sequence of events, the deficiency in service, the evidence you possess, and the relief you are seeking (delivery of the product, compensation for the price difference, and damages for mental harassment). This shows you have made a final attempt to resolve the issue before litigation.
• File a Consumer Complaint: If the company fails to respond satisfactorily to the legal notice, you can file a complaint with the appropriate Consumer Disputes Redressal Commission. This can be done online through the E-Daakhil portal, which has simplified the process.
• 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 legislation governing such disputes is the Consumer Protection Act, 2019. The actions of the e-commerce company in this scenario fall squarely into definitions provided by the Act.

• Deficiency in Service [Section 2(11)]: This is defined as 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. Repeatedly cancelling an order and failing to deliver a paid-for product is a clear deficiency.
• Unfair Trade Practice [Section 2(47)]: This includes practices that promote the sale of goods through deceptive means. Falsely representing that a delivery was attempted, blaming the customer for cancellation, and creating a situation where the customer has to re-order at a higher price can be argued as an unfair trade practice.
• Restriction of ‘Unfair Contracts’ [Section 2(46)]: If the terms and conditions of the platform allow them to cancel orders arbitrarily without liability, such terms could potentially be challenged as an ‘unfair contract’.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While primarily a consumer dispute, if there is clear evidence of dishonest inducement and intent to deceive from the very beginning, a case for cheating under Section 318 of the BNS could be argued. However, the burden of proof is much higher in criminal cases, and the police may be reluctant to register an FIR, viewing it as a civil matter.

If you are the complainant

As the complainant (the person filing the case), your role is to present the facts clearly and support them with evidence.

• Draft a Clear Complaint: Your complaint to the consumer commission should be a detailed narrative of the events, laid out chronologically. Mention all dates, order numbers, and communication details.
• Attach All Evidence: Append copies of all the evidence you have collected – screenshots, emails, transcripts of recordings, and an affidavit for the CCTV footage. The stronger your evidence, the higher the chances of a favourable outcome.
• Specify the Relief Sought: Clearly state what you are asking the court for. This can include:
  • Direction to deliver the product at the original price.
  • Refund of any price difference paid.
  • Compensation for mental agony and harassment.
  • Costs of litigation (lawyer’s fees, etc.).
• 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

When you first realize you are a victim of such a practice, your immediate actions can significantly impact your case.

• Document Everything: From the very first failed delivery, start keeping a log. Note down the time of calls, the name of the representative you spoke to, and a summary of the conversation.
• Prefer Written Communication: After a phone call, always send a follow-up email summarizing the discussion and asking for confirmation. This creates a paper trail that the company cannot easily deny.
• Do Not Give Up: Companies often hope that the customer will get frustrated and drop the issue. Persist in your follow-ups and make it clear that you intend to pursue the matter legally if not resolved.
• 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

Approaching the police for such matters is usually not the most effective first step. Police stations are primarily concerned with criminal offenses defined under the BNS and other criminal laws. They will likely view your case as a “civil dispute” or a “consumer dispute” and advise you to approach the consumer court. Unless you can present very strong and direct evidence of criminal cheating (intent to defraud from the outset), they will be hesitant to file an FIR against a large corporation for a service-related issue. The correct and more efficient forum for such grievances is the Consumer Disputes Redressal Commission.

FAQs people normally have

What evidence is required?

A strong case is built on strong evidence. The more you have, the better. Key pieces of evidence include:

• Proof of Purchase: The initial order confirmation email and invoice.
• Communication Records: All emails and chat logs with customer service. Transcripts of call recordings are highly effective.
• Cancellation Proof: Screenshots of the app or website showing the cancellations and the false reasons cited.
• Proof of Non-Delivery: CCTV footage showing no delivery agent visited. Affidavits from security guards or neighbours can also serve as supporting evidence.
• Proof of Damages: Evidence of having to place subsequent orders at higher prices.

How long will the investigation take?

The timeline for a consumer case can vary. The Consumer Protection Act, 2019, aims for speedy redressal, ideally within three to five months if no complex analysis is required. After you file a complaint, the commission will issue a notice to the opposite party, who then files their reply. The process involves presenting evidence and arguments. While the E-Daakhil portal has made filing easier, the duration depends on the caseload of the specific commission and the complexity of the case. A well-prepared case with clear evidence can often be resolved faster.

Advocate Sudhir Rao, Supreme Court of India