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 had placed eight orders worth approximately Rs. 10,000 on X.brand, a popular e-commerce platform, on DD/MM/YYYY. The estimated delivery date was DD/MM/YYYY. However, for the next three weeks, the delivery kept getting postponed with various excuses. After three weeks of delays, X.brand unilaterally cancelled all the “In Transit” orders without proper justification. When Mr.X filed a complaint with the National Consumer Helpline, the company responded with a fake “resolved” status without actually addressing the issue. Mr.X approached us seeking legal remedies for this clear case of unfair trade practice and deficiency in service by the e-commerce platform.

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 including order confirmations, delay notifications, and cancellation messages
• File a complaint with the Consumer Commission if the company fails to provide adequate resolution
• Demand compensation for mental harassment and opportunity loss due to the delayed and cancelled orders

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonest inducement. The Consumer Protection Act, 2019 provides comprehensive protection against unfair trade practices and deficiency in service. Section 2(47) of the Consumer Protection Act defines unfair trade practice, while Section 2(11) defines deficiency in service. The Information Technology Act, 2000 also governs e-commerce transactions and provides additional remedies for digital fraud and misrepresentation in online transactions.

If You Are the Complainant

• Gather all evidence including screenshots, order confirmations, payment receipts, and communication records with the platform
• File a complaint with the appropriate Consumer Commission based on the transaction value
• Send a legal notice to the e-commerce company demanding refund with compensation
• File a complaint with the Ministry of Consumer Affairs through the National Consumer Helpline portal
• Consider filing an FIR if there are elements of fraud or criminal breach of trust involved

If You Are the Victim

• Immediately contact your bank or payment gateway to dispute the transaction if refund is delayed
• File complaints simultaneously with Consumer Commission and cybercrime portal for comprehensive relief
• Maintain detailed records of time spent, phone calls made, and any opportunity losses
• Join or start consumer forums specific to the e-commerce platform for collective action
• Use social media responsibly to highlight the issue while maintaining factual accuracy

How the Police Behave in Such Cases

Police typically treat e-commerce disputes as civil matters unless there are clear elements of criminal fraud. They may initially suggest approaching Consumer Court. However, if the case involves substantial amounts or systematic fraud affecting multiple consumers, police are more likely to register an FIR. Economic Offences Wing or Cyber Crime Cell are better equipped to handle such cases than regular police stations.

FAQs People Normally Have

Q: Can I get compensation beyond the order value?
A: Yes, Consumer Courts can award compensation for mental harassment, opportunity loss, and litigation costs.

Q: How long do Consumer Court cases take?
A: District Consumer Commissions typically resolve cases within 3-6 months, though complex cases may take longer.

Q: Is it necessary to send legal notice before filing complaint?
A: While not mandatory, a legal notice gives the company opportunity to resolve the matter amicably and strengthens your case.

Q: What if the company is based in another state?
A: You can file complaint where you reside or where the cause of action arose, as per Consumer Protection Act provisions.

What Evidence Is Required?

• Order confirmation emails and SMS notifications
• Payment receipts and bank statements showing debited amounts
• Screenshots of order tracking showing “In Transit” status
• Communication records with customer service including emails, chat transcripts, and call recordings
• Cancellation notifications from the platform
• National Consumer Helpline complaint number and fake resolution response
• Any promotional materials or terms and conditions that were violated

How Long Will the Investigation Take?

Consumer Commission cases typically take 3-6 months for resolution at District level. State Commission may take 6-12 months, while National Commission cases can extend to 12-18 months. However, interim relief can be sought for immediate refund. E-commerce disputes are generally resolved faster due to clear documentation and straightforward facts involved in such cases.

Advocate Sudhir Rao, Supreme Court of India