If you are stuck in such a situation, here is what to do.
A recent incident highlights a potential scam on major e-commerce platforms involving the mismatch of product colors for high-value items. Mr. Sharma wishes to share his experience to caution other online shoppers.
He had placed an order for a new premium laptop, the ‘AeroBook Pro’, from the popular e-commerce website ‘MegaBazaar’. Being meticulous, he double-checked all the details before finalizing the purchase. He even consulted with his family members to confirm that the selected color was ‘Midnight Green’ along with the correct specifications. After multiple verifications, he confidently placed the order.
However, during the open-box delivery, he was taken aback to find that the laptop inside the box was ‘Graphite Grey’ and not the ‘Midnight Green’ he had ordered.
Mr. Sharma initially refused to provide the One-Time Password (OTP) to the delivery agent, Mr. Kumar, pointing out the discrepancy. The agent, however, became persuasive and said, “Sir, this is not a problem. It seems you made a mistake. Please check your order details again; it shows ‘Graphite Grey’. You ordered the grey one. If you don’t accept this delivery, the company will deduct ₹95,000 from my salary.”
Feeling pressured by this emotional appeal, Mr. Sharma relented and shared the OTP.
After the delivery agent left, he discussed the matter again with his family, who were certain that the original order was for the ‘Midnight Green’ variant. He immediately contacted MegaBazaar’s customer support to file a complaint. To his dismay, they dismissed his claim, stating that their records showed he had ordered the ‘Graphite Grey’ model, which he knew was incorrect.
Being a tech-savvy individual, Mr. Sharma suspects a fraudulent practice. He believes that premium or popular colors are advertised as available to attract orders, even when they are out of stock. Once the product is delivered, the order details on the website’s backend are altered to match the item that was shipped, leaving the customer with no evidence to support their claim. This appears to be a calculated scam, and unfortunately, he did not take a screenshot of the original order page as proof.
Advice in such cases
Always take screenshots or screen recordings of every step of your purchase, especially for high-value items. Capture the product page, the selected specifications, and the final order confirmation page.
During an open-box delivery, thoroughly inspect the product before sharing the OTP. If there is any mismatch in color, model, or condition, refuse the delivery. Do not give in to emotional pressure from the delivery agent.
If you have accepted the product by mistake, immediately document everything. Take photos and videos of the wrong product and the packaging.
File a complaint with the e-commerce platform’s customer support immediately through all available channels (email, chat, phone). Keep a record of all communication.
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 Consumer Protection Act, 2019: This is the primary legislation for such issues. Delivering a product that is different from what was ordered constitutes a ‘deficiency in service’ and an ‘unfair trade practice’ by the seller.
The Bharatiya Nyaya Sanhita, 2023 (BNS): Section 318 of the BNS, which deals with ‘Cheating’, could be applicable. If it can be proven that the company dishonestly induced the customer to place an order with a false promise and then delivered a different item, it may amount to a criminal offense.
The Indian Contract Act, 1872: The transaction is a contract of sale. The seller’s failure to deliver the goods as described in the contract is a ‘breach of contract’ under Section 73, making the seller liable for the loss or damage caused by the breach.
If you are the complainant
Gather all your evidence: screenshots, order confirmation emails, payment receipts, photos of the delivered product, and records of communication with customer service.
Send a formal legal notice to the e-commerce company through a lawyer, detailing the issue and demanding a replacement or refund.
If the company fails to resolve the issue, file a complaint before the appropriate Consumer Disputes Redressal Commission.
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
Do not panic. Your primary recourse is through consumer law, which is designed to protect your rights.
Do not engage in arguments with the delivery agent. Simply state the facts and refuse the delivery if the product is incorrect.
Follow the formal complaint procedures methodically. Maintain a file with all documents and communication records.
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
In most instances, the police will view such cases as a consumer dispute, which is civil in nature, rather than a criminal offense. They will likely advise you to approach the Consumer Court. However, if there is substantial evidence suggesting a large-scale, organized fraud or clear criminal intent like cheating under Section 318 of the BNS, they may register a First Information Report (FIR) and initiate an investigation. The response can vary depending on the local police station and the specifics of the complaint.
FAQs people normally have
What evidence is required?
The most crucial evidence includes screenshots of the product page at the time of ordering, the order confirmation email/SMS, a video of the unboxing process clearly showing the sealed package and the incorrect product inside, communication records with customer support, and the product invoice.
How long will the investigation take?
A consumer complaint case can take anywhere from a few months to over a year to be resolved, depending on the workload of the commission and the complexity of the case. If a police investigation is launched, the timeline can also vary significantly based on the evidence and cooperation from the e-commerce company.
Advocate Sudhir Rao, Supreme Court of India