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 approached me after facing a deceptive trade practice by X.platform, a major e-commerce website. He had ordered two pairs of jeans from Y.brand through their platform on DD/MM/YYYY. The product page clearly displayed a “7-day easy return/exchange” policy, which influenced his purchase decision. However, after delivery, the mobile application showed no return option available. When Mr. X contacted customer support, the agent informed him that the return period had already expired, despite his order showing a return date of DD/MM/YYYY. This contradiction between advertised policy and actual implementation constituted misleading advertising and unfair trade practices. Mr. X felt cheated as the platform’s false representation induced him to make the purchase under the belief that he could return the items if unsatisfied.

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 everything thoroughly including screenshots of the original product page showing return policy, order confirmation emails, delivery receipts, and all communication with customer support. File a complaint with the consumer forum immediately as such cases have time limitations. Report the matter to relevant consumer protection authorities and consider escalating through social media platforms for quicker resolution.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonest inducement to deliver property. Section 319 covers cheating by personation. The Consumer Protection Act, 2019 provides comprehensive protection against unfair trade practices and misleading advertisements. Additionally, Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 governs investigation procedures for such complaints. These provisions collectively address deceptive business practices and provide legal remedies for affected consumers seeking justice against fraudulent commercial activities.

If You Are the Complainant

• Gather comprehensive evidence including original advertisements, order details, and communication records
• File complaint with district consumer forum within prescribed time limits
• Calculate actual damages including product cost, time lost, and mental harassment
• Send formal legal notice to the e-commerce platform demanding refund and compensation
• Consider filing police complaint under relevant BNS sections for criminal action

If You Are the Victim

• Immediately document all evidence before the platform removes or modifies misleading content
• Contact customer support through multiple channels and record all conversations
• Raise dispute through payment gateway or credit card company for chargeback
• File complaint with consumer helpline and online consumer grievance portals
• Seek legal advice to understand your rights and available remedies under consumer protection laws

How the Police Behave in Such Cases

Police typically treat e-commerce disputes as civil matters initially and may redirect complainants to consumer forums. However, when clear evidence of cheating and fraudulent misrepresentation exists, they register FIR under relevant BNS sections. Cyber crime cells are more receptive to such complaints involving online platforms. Police investigation focuses on establishing intent to deceive and financial loss caused by misleading advertisements or false promises made by commercial entities.

FAQs People Normally Have

Can I get criminal action against e-commerce platforms for misleading policies? Yes, under BNS Section 318 if cheating and dishonest inducement is proven.

What compensation can I claim? Product refund, additional damages for harassment, legal costs, and punitive damages through consumer forum.

Is consumer forum the only option? No, you can also approach civil courts, file police complaints, and use alternative dispute resolution mechanisms.

How long do I have to file complaints? Consumer forum complaints must be filed within two years, while criminal complaints have longer limitation periods.

What Evidence Is Required?

• Screenshots of original product page showing return policy
• Order confirmation emails and purchase receipts
• Delivery proof and timeline documentation
• Screenshots of app showing no return option
• Recorded customer support conversations and chat transcripts
• Payment transaction records and bank statements
• Witness statements from others who faced similar issues

How Long Will the Investigation Take?

Consumer forum proceedings typically take 6-18 months depending on complexity and evidence quality. Police investigations for criminal aspects may take 3-6 months for filing chargesheet. Civil court proceedings can extend 1-3 years. E-commerce platforms often settle consumer forum cases quickly to avoid adverse publicity. Alternative dispute resolution mechanisms may resolve matters within 2-4 months through mediation or arbitration processes.

Advocate Sudhir Rao, Supreme Court of India