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

Mr. Alok Kumar, a resident of a major city, experienced ongoing issues with a food delivery platform named “QuickDash.” The problem that led him to take legal action occurred on October 10, 2024, when he ordered a family meal, but the main course was missing from the delivery. He promptly contacted QuickDash’s customer support, providing clear photographs of the received items and the bill as proof. The support agent acknowledged the issue and promised a callback from their resolution department within a few hours. However, the call never came. After waiting for over a week, he contacted them again on October 22nd, and this time, he was told to send an email. After he sent a detailed email, he received a final response stating that his request for a refund was denied, with no clear reason provided.

This was not the first time Mr. Kumar had faced such problems with QuickDash. This consistent pattern of poor service is what ultimately caused his frustration. For instance, in June 2024, he had ordered a special combo meal. He only received the side dishes, while the main dish was entirely missing. After a lengthy chat with customer service, their solution was to offer a small value coupon that expired in just a few days, which he considered a tactic to force him to make another purchase rather than a genuine resolution. In another incident involving their grocery service, “QuickMart,” he ordered a high-quality stainless steel kitchen appliance but was delivered a cheaper, lower-grade version. It took him numerous phone calls over several days to convince them to accept a return for an item that was clearly not what was advertised. Tired of the repeated negligence and what he perceived as unfair trade practices, Mr. Kumar decided to pursue a formal complaint in the consumer forum.

Advice in such cases

• Document Everything: Keep a meticulous record of all communications. This includes screenshots of chats, copies of emails, photographs of wrong or missing items, bills, and order details.
• Send a Legal Notice: Before approaching the consumer forum, it is advisable to have a lawyer send a formal legal notice to the company’s registered office. This notice should detail the grievance, the relief sought, and a deadline for the company to comply. Often, companies resolve issues at this stage to avoid litigation.
• File a Complaint: If the company fails to respond to the legal notice or provides an unsatisfactory response, you can file a complaint with the appropriate Consumer Disputes Redressal Commission. This can now be done online through the e-Daakhil portal.
• State Your Claim Clearly: In your complaint, clearly narrate the facts, mention the deficiency in service and unfair trade practices, and specify the compensation you are seeking. This can include the refund amount, compensation for mental harassment, and litigation costs.
• 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 cases are primarily governed by the Consumer Protection Act, 2019. The key concepts applicable here are:

• Deficiency in Service: As defined under Section 2(11) of the Act, any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Failure to deliver the correct item or provide a promised resolution falls under this.
• Unfair Trade Practice: As per Section 2(47), this includes practices like falsely representing the quality or standard of goods or services. Delivering a cheaper product than what was advertised is a clear example of an unfair trade practice.
• Consumer Rights: The Act protects a consumer’s right to be informed, the right to choose, the right to be heard, and the right to seek redressal.

If you are the complainant

• Gather All Evidence: Systematically arrange all your proof, including order confirmations, payment receipts, photos, screenshots of chats, and all email correspondence, especially the final denial of a refund.
• Establish a Pattern: If you have faced issues previously, include details of those incidents in your complaint. This helps establish a pattern of negligence and strengthens your case for compensation for harassment.
• Quantify Your Claim: Be specific about the relief you are seeking. This should include: a full refund for the specific order, compensation for the mental agony and harassment caused by the repeated issues and time wasted, and the costs incurred in filing the complaint.
• Draft a Clear Complaint: Your complaint should have a clear and chronological narrative of events. State the facts, the action you took, the company’s response (or lack thereof), and how it constitutes a deficiency in service and an unfair trade practice.
• 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

• Understand Your Rights: As a consumer who has paid for a service, you have the right to receive what you ordered and to be compensated for any deficiency. The financial loss may be small, but the principle of accountability is important.
• Do Not Give Up: Companies often rely on customers giving up after a few failed attempts at resolution. Persisting through the formal complaint process is crucial for holding them accountable.
• Seek Compensation for Harassment: The emotional and mental stress caused by chasing a company for a resolution is a valid ground for claiming compensation. Clearly articulate the time and effort you wasted in your complaint.
• 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

The police generally do not have a role in cases of deficiency in service or unfair trade practices, as these are civil matters governed by consumer law, not criminal law. The police will not register an FIR for a missing food item or a denied refund. The appropriate authority for such grievances is the Consumer Disputes Redressal Commission. Police involvement would only be warranted if the case involves criminal elements like cheating or fraud with a high financial value or criminal intimidation, which is not the scenario in typical service-related disputes with delivery apps.

FAQs people normally have

• What category should I file the complaint under? You can file it under categories like “E-commerce,” “Deficiency in Service,” or “Unfair Trade Practice” on the e-Daakhil portal.
• Is it worth the effort for a small amount? Yes. Filing a consumer complaint is not just about the refund amount; it’s about holding large corporations accountable for their services. A favorable order can also include compensation for mental harassment and litigation costs, which can be more than the original order value.
• Do I need a lawyer to file a consumer complaint? While you can file a complaint yourself, especially through the online portal, hiring a lawyer can be beneficial. A lawyer can draft the complaint professionally, frame the legal arguments correctly, and represent you in the commission, which increases the chances of a favorable and swift outcome.

What evidence is required?

To build a strong case, you should have the following evidence:

• Digital or physical copies of the invoice/bill for the order.
• Screenshots of the order confirmation page or email.
• Clear photographs showing the wrong, incomplete, or defective item received.
• Screenshots of all chat conversations with customer support.
• Copies of all emails exchanged with the company, including their final refusal.
• A copy of the legal notice sent to the company and any reply received.
• Details of past incidents, if any, with corresponding proof to establish a pattern of negligence.

How long will the investigation take?

The Consumer Protection Act, 2019, aims for the speedy disposal of cases. The Act mandates that the Commission should try to decide the complaint within three months from the date of receipt of notice by the opposite party. If the complaint requires analysis or testing of commodities, the period is extended to five months. However, in practice, the timeline can vary depending on the complexity of the case, the commission’s workload, and procedural delays. The online filing process through e-Daakhil has helped streamline the initial stages.

Advocate Sudhir Rao, Supreme Court of India