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 purchased an X.brand tablet from Y.company on DD/MM/YYYY. During the purchase, Y.company was running a promotional campaign promising a voucher worth a substantial amount for future Z.brand purchases. The terms clearly stated this was a deferred benefit that would be delivered within 7 days after product delivery. Despite receiving the tablet as promised, Mr.X never received the promotional voucher even after multiple follow-ups with customer service. The company’s representatives provided various excuses and eventually stopped responding to his complaints. This constituted a clear case of unfair trade practice and breach of promotional terms, violating consumer protection laws and potentially involving criminal charges for cheating under commercial transactions.

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 screenshots of promotional offers, order confirmations, and customer service interactions. File a complaint with the Consumer Forum as this falls under unfair trade practices. Report the matter to cybercrime authorities if the platform continues to ignore your legitimate claims.

Applicable Sections of Law

This case primarily involves violations under the Bharatiya Nyaya Sanhita (BNS). Section 318 deals with cheating in commercial transactions where false promises are made to induce purchases. Section 319 covers cheating by personation in business dealings. Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides procedures for filing complaints in economic offenses. The Consumer Protection Act also applies alongside these criminal provisions for comprehensive remedy.

If You Are the Complainant

• Gather all evidence including order details, promotional screenshots, payment receipts, and communication records
• File a formal complaint with the Consumer Forum within the limitation period
• Send a legal notice to the e-commerce platform demanding fulfillment of promotional terms
• Report to cybercrime authorities if the company fails to respond or honor commitments
• Consider approaching the grievance officer of the platform as mandated under e-commerce rules

If You Are the Victim

• Document the financial loss caused by the unfulfilled promotional promise
• Calculate compensation including the voucher value and any additional expenses incurred
• Preserve all digital evidence before the platform removes promotional content
• Contact other affected customers to build a stronger case for collective action
• Approach consumer protection organizations for support and guidance in pursuing remedies

How the Police Behave in Such Cases

Police typically treat such cases as civil disputes initially and may be reluctant to register FIRs. However, when substantial evidence of deliberate cheating is presented, they are more cooperative. Cybercrime cells are generally more responsive to e-commerce related frauds. Police may suggest approaching Consumer Forum first, but persistent follow-up with proper legal documentation usually results in case registration.

FAQs People Normally Have

Can I get compensation beyond the voucher value? Yes, Consumer Forums can award compensation for mental agony and litigation costs. Is this a criminal offense? Yes, if proven as deliberate cheating in commercial transactions under BNS Section 318. How long does resolution take? Consumer Forum cases typically resolve within 6-12 months depending on complexity. Can I join with other victims? Yes, collective complaints strengthen the case and may result in higher compensation awards.

What Evidence Is Required?

• Screenshots of promotional offers and terms and conditions
• Order confirmation and payment receipts
• Product delivery confirmation
• Email and chat communications with customer service
• Bank statements showing payment transactions
• Witness statements from other affected customers
• Screenshots of company’s website and promotional materials

How Long Will the Investigation Take?

Consumer Forum proceedings typically take 6-12 months for resolution. If criminal charges are filed, police investigation may take 3-6 months. E-commerce platform internal grievance procedures should respond within 30 days as per regulations. Court proceedings, if required, may extend the timeline to 18-24 months depending on case complexity.

Advocate Sudhir Rao, Supreme Court of India