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.

My client, Rajesh Kumar, a software engineer from Koramangala, Bangalore, contacted me after facing a serious e-commerce fraud. He had placed multiple prepaid orders worth ₹4,500 on QuickCart Express, a popular online shopping platform, on February 15th, 2024. The orders included electronic accessories and household items for his new apartment. On February 19th, 2024, the app surprisingly marked all orders as “Delivered” with delivery confirmation messages sent to his registered mobile number.

However, Rajesh never received any items, no OTP was asked during supposed delivery, no delivery person called him, and no physical proof of delivery was provided. When he immediately contacted QuickCart Express customer support, they kept asking him to wait for 24-48 hours and later escalated to their “investigation team” without providing any complaint reference number. After two weeks of follow-ups yielding no results, Rajesh approached our legal services. We discovered that several other customers had faced similar issues with the same platform, indicating a systematic fraud pattern.

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.

Immediately document all communications with the e-commerce platform including screenshots, email exchanges, and customer support chat transcripts. File complaints with National Consumer Helpline and your bank for chargeback if payment was made through credit card. Report the matter to local cyber crime police station as this constitutes online fraud. Preserve all transaction receipts, order confirmations, and delivery status screenshots as crucial evidence for legal proceedings.

Applicable Sections of Law

Such cases fall under multiple provisions of Bharatiya Nyaya Sanhita (BNS). Section 318 deals with cheating and dishonestly inducing delivery of property, which directly applies when e-commerce platforms falsely mark orders as delivered. Section 319 covers cheating by personation, relevant when fake delivery confirmations are generated. Section 66 addresses criminal breach of trust by merchants who accept payment but fail to deliver goods.

Under Bharatiya Nagarik Suraksha Sanhita (BNSS), Section 173 provides procedures for filing complaints in such economic offenses. Additionally, Consumer Protection Act 2019 offers parallel civil remedies for unfair trade practices and deficiency in services by e-commerce entities.

Relevant Legal Precedents

Various High Courts have established that e-commerce platforms cannot escape liability by merely acting as intermediaries when they directly handle payments and logistics. Supreme Court has ruled that false delivery confirmations constitute fraudulent misrepresentation. Courts have consistently held that burden of proof for actual delivery lies with the merchant, not the consumer.

Legal precedents also establish that systematic patterns of fake deliveries by platforms indicate criminal conspiracy. High Courts have awarded compensation for mental harassment and litigation costs in addition to refunds in such cases.

If you need specific judgement references for your case, you can contact Adv. Sudhir Rao on his helpline numbers for detailed legal research and citations.

If You Are the Complainant

• Immediately file a written complaint with local police cyber crime cell with all supporting documents and evidence
• Approach Consumer Protection Commission for compensation under Consumer Protection Act 2019 for deficiency in service
• Request your bank for transaction dispute and chargeback if payment was made through credit/debit card
• File complaint with Reserve Bank of India if payment was processed through UPI or digital payment methods
• Maintain detailed records of all communications and follow up regularly with concerned authorities for case updates

If You Are the Victim

• Immediately stop any further transactions with the fraudulent platform and warn family members about the same
• Take screenshots of order status, payment confirmations, and all relevant app/website pages before they get modified
• Contact customer support through multiple channels (phone, email, chat) and document all responses received
• Check if other customers have faced similar issues by researching online reviews and complaint forums
• Preserve bank statements and transaction details showing payment deduction for the undelivered orders

How the Police Behave in Such Cases

Initially, police may treat this as a civil dispute and ask you to approach consumer courts. However, when presented with evidence of systematic fraud and false delivery confirmations, they usually register FIR under cyber crime provisions. Police investigation typically involves technical analysis of delivery tracking systems and verification of actual delivery records. They may require you to provide detailed written complaint with all documentary evidence. Cooperation from the e-commerce platform is often sought during investigation process.

FAQs People Normally Have

Can I get my money back immediately? Banks can process chargebacks for credit card transactions, but UPI/debit card refunds depend on merchant cooperation and investigation outcomes.

How long does legal action take? Consumer court cases typically resolve within 6-12 months, while criminal cases may take 1-2 years depending on investigation complexity.

What if the platform is registered in another state? You can file complaints in your local jurisdiction where the transaction occurred, as online fraud jurisdiction rules allow local filing.

Will I get compensation for harassment? Consumer courts can award compensation for mental harassment and litigation costs in addition to refund amounts.

What Evidence Is Required?

• Order confirmation emails/SMS with order numbers and amounts
• Payment receipts and bank transaction statements
• Screenshots of delivery status showing “delivered” without actual receipt
• Customer support communication records (emails, chat transcripts, call recordings)
• CCTV footage of delivery address (if available) showing no delivery occurred
• Witness statements from family members or neighbors present during supposed delivery time
• Platform’s terms and conditions regarding delivery and refund policies

How Long Will the Investigation Take?

Police cyber crime investigation typically takes 2-3 months for evidence collection and platform response analysis. Consumer court proceedings usually complete within 6-12 months including hearings and judgment. Bank chargeback processes generally resolve within 30-90 days depending on transaction type and evidence strength. Overall case resolution including compensation recovery may take 8-15 months through combined legal and administrative channels.

Advocate Sudhir Rao, Supreme Court of India