One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X ordered cosmetic items worth ₹6,500 from X.brand through their website, selecting Cash on Delivery (COD). After 10 days of delay, he attempted to pay online to expedite delivery but the website showed no payment option. When he contacted customer service, they suggested he could pay the delivery partner Y.company directly. Upon payment, Y.company charged him twice – once online and again demanded COD payment during delivery. When Mr.X refused the second payment, Y.company marked the delivery as “failed” and claimed he was unavailable, despite him being present. The company then threatened to return the products while keeping his online payment. Multiple complaints to X.brand’s customer service yielded no resolution, with representatives claiming no authority over Y.company’s actions.

Advice in Such Cases

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 to 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.

• Document all communications with the e-commerce platform and logistics partner through screenshots and emails
• File complaints simultaneously with the consumer forum and cybercrime cell
• Request bank statements showing duplicate charges as primary evidence

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), this case involves multiple violations. Section 316 (Criminal Breach of Trust) applies when Y.company retained payment without delivering goods. Section 318 (Cheating) covers the fraudulent double payment scheme. Section 351 (Criminal Intimidation) applies to threats of keeping payment while returning goods. Additionally, the Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 enables filing complaints for these economic offenses. Consumer Protection Act provisions also apply for deficient services and unfair trade practices.

If You Are the Complainant

• File a complaint with the District Consumer Disputes Redressal Commission within two years of the incident
• Lodge an FIR at the cybercrime police station with all transaction proofs and communication records
• Approach the Reserve Bank of India (RBI) ombudsman if payment gateway violations are involved
• Send legal notices to both the e-commerce platform and logistics partner demanding refund within 15 days
• Maintain detailed records of all financial transactions, delivery attempts, and customer service interactions

If You Are the Victim

• Immediately contact your bank to dispute the fraudulent charges and initiate chargeback procedures
• Report the incident to the National Consumer Helpline (1800-11-4000) for immediate assistance
• File online complaints through the Consumer Grievance Redressal Portal for faster resolution
• Preserve all evidence including order confirmations, payment receipts, and delivery tracking information
• Seek compensation for mental agony, harassment, and financial losses in addition to the principal amount

How the Police Behave in Such Cases

Police typically treat e-commerce fraud cases as civil disputes initially, requiring substantial evidence to register criminal complaints. They often advise approaching consumer forums first. However, when clear evidence of cheating and criminal breach of trust exists, they must register FIRs. Cybercrime cells are generally more responsive to such cases involving digital transactions and online fraud.

FAQs People Normally Have

Can I get compensation beyond the purchase amount? Yes, consumer forums award compensation for mental agony, harassment, and legal expenses ranging from ₹5,000 to ₹50,000 depending on the severity.

Is the e-commerce platform liable for logistics partner’s fraud? Yes, the principal company bears vicarious liability for their service provider’s actions under consumer protection laws.

How long do these cases take to resolve? Consumer forum cases typically resolve within 6-12 months, while criminal cases may take 1-3 years depending on evidence quality and cooperation.

Can I claim interest on delayed refunds? Consumer forums often award 9-12% annual interest from the date of payment until refund completion.

What Evidence Is Required?

• Original order confirmation and invoice from the e-commerce platform
• Bank statements showing duplicate payment transactions
• Screenshots of payment gateway receipts and transaction IDs
• Call recordings or chat transcripts with customer service representatives
• Delivery tracking information and failed delivery notifications
• Email communications between all parties involved
• Witness statements if anyone was present during delivery attempts

How Long Will the Investigation Take?

Consumer forum investigations typically conclude within 3-6 months with hearings every 15-30 days. Police investigations for criminal aspects may take 6-12 months depending on cooperation from companies and complexity of financial trails. E-commerce platform internal investigations usually resolve within 7-15 days if proper evidence is provided and escalated appropriately.

Advocate Sudhir Rao, Supreme Court of India