If you are stuck in such a situation, here is what to do.

Mr. Verma, a resident of Anandpur, recently purchased a laptop bag from an online store called “Digital Emporium.” Upon receiving the product, he found the quality unsatisfactory and decided to return it. The company’s return policy clearly stated that customers could initiate a return within seven days of delivery by contacting their support team and shipping the product back. Mr. Verma sent an email the very day he received the bag, clearly stating his intention to return it and requesting the procedure. When 24 hours passed with no reply, he used the ‘Contact Us’ form on their website, reiterating his request. Several days have passed, and the company remains unresponsive. With an upcoming business trip, Mr. Verma is concerned that the company is deliberately delaying the process to make him miss the return window, thereby forcing him to keep a product he does not want.

Advice in such cases

When an online retailer fails to adhere to its own stated refund policy, it constitutes a deficiency in service. Here is a step-by-step guide on how to handle such a situation:

• Document Everything: Keep meticulous records of your purchase, including the invoice, order confirmation email, screenshots of the product page and the company’s refund policy, and all communication attempts (emails, contact form submissions with timestamps).
• Send a Formal Written Communication: If initial emails are ignored, send a formal letter or email titled “Formal Complaint and Request for Refund – Order #[Your Order Number]”. Clearly state the facts, reference their policy, and set a reasonable deadline (e.g., 7-10 days) for them to process the refund. Mention that failure to comply will lead to legal action.
• File a Consumer Complaint: If the company still doesn’t respond or refuses the refund, you can file a complaint with the Consumer Dispute Redressal Forum (Consumer Court). This can be done online through the e-Daakhil portal.
• 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

Such disputes are primarily governed by the Consumer Protection Act, 2019. Key concepts include:

• Deficiency in Service: Section 2(11) of the Act defines “deficiency” as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance. A seller not honouring their own refund policy is a clear deficiency in service.
• Unfair Trade Practice: Section 2(47) includes practices that promote the sale of goods or services through deceptive means. Deliberately ignoring a customer’s refund request to bypass the policy window can be argued as an unfair trade practice.
• Consumer Rights: The Act protects a consumer’s right to be heard and to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation.

If you are the complainant

As the person filing the complaint, your role is crucial. Your actions will determine the strength of your case.

• Gather and Organise Evidence: Before taking any action, compile all documents: the bill, communication records, policy screenshots, and photos of the product. A well-organised file is essential.
• Send a Legal Notice: Through a lawyer, send a formal legal notice to the company’s registered address. This notice details your grievance, the relief sought (refund, compensation), and a timeframe to comply. Often, a legal notice is enough to prompt a resolution from the company.
• File a Complaint Correctly: If the notice is ignored, file a complaint in the appropriate consumer forum based on the value of the goods/services. Ensure all details are accurate and all evidence is attached.
• 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

If you find yourself in this situation, it is important to act strategically and not emotionally.

• Act Promptly: Do not wait for the return window to close. Start documenting your communication attempts from day one. The burden is on you to prove you acted within the prescribed timeline.
• Be Clear and Professional: In all your communications, be polite but firm. Clearly state the issue, what you want, and by when. Avoid using aggressive or abusive language.
• Understand Your Rights: Familiarise yourself with your rights under the Consumer Protection Act. Knowing that the law is on your side can give you the confidence to pursue the matter.
• 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

It is important to understand that the police generally do not intervene in such matters. A dispute over a refund policy is a civil matter related to consumer rights, not a criminal offence. Approaching the police will likely result in them advising you to go to the consumer court. An FIR (First Information Report) would only be registered if there is a clear element of criminal fraud or cheating, for instance, if the company is a complete sham and never intended to sell any products. This could potentially fall under Section 318 of the Bharatiya Nyaya Sanhita (BNS), which deals with cheating. However, for legitimate businesses failing on service promises, the consumer court is the correct and designated forum.

FAQs people normally have

Here are some common questions that arise in these situations:

• Do I need a lawyer to file a consumer complaint?
  No, it is not mandatory to hire a lawyer. You can represent yourself in the consumer court. However, legal procedures can be complex, and a lawyer’s expertise can significantly improve your chances of a favourable outcome.
• How much does it cost to file a complaint?
  The court fees for filing a complaint in the consumer court are nominal and depend on the value of the claim. The process is designed to be accessible and affordable for the average consumer.
• Can I claim compensation for the harassment?
  Yes. Apart from the refund of the product’s cost, you can claim compensation for the mental agony, harassment, and litigation costs you have incurred due to the company’s deficiency in service.

What evidence is required?

Strong evidence is the backbone of a successful consumer complaint. You must have:

• The original invoice or bill of the purchase.
• Screenshots of the company’s website, specifically the product page and the return/refund policy page as it existed at the time of purchase.
• Copies of all emails, contact form submissions, or any other communication sent to the company.
• If you have shipped the product back, the courier receipt and tracking details are crucial.
• A copy of the legal notice sent to the company and the proof of its delivery (postal receipt/tracking).

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a speedy redressal process. Once a complaint is admitted, the forum will issue a notice to the opposite party. The Act aims for the disposal of the complaint within three months from the date of receipt of notice by the opposite party, where the complaint does not require analysis or testing of commodities, and within five months if it requires analysis or testing. While delays can occur, the consumer courts are generally much faster than traditional civil courts.

Advocate Sudhir Rao, Supreme Court of India