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 contacted me regarding a concerning incident where a COD order worth Rs. 151 from X.brand e-commerce platform was delivered to his residence in City A. His mother, Mrs.Y, accepted the delivery assuming it was ordered by someone in the family due to the small amount. However, upon verification, no family member had placed this order. The delivery was made using Mr.Z’s (Mr.X’s father) phone number, which raised serious concerns about potential identity theft and fraudulent ordering. The family discovered that someone had accessed Mr.Z’s personal information and placed unauthorized orders. This type of fraud is becoming increasingly common where criminals use stolen personal data to place small-value COD orders, testing the waters before attempting larger fraudulent transactions.

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 contact the e-commerce platform’s customer service and report the fraudulent order. Document all communication and keep records of the unauthorized delivery. File a complaint with the local police station as this constitutes identity theft and fraud. Contact your telecom provider to check if your phone number has been compromised and secure your accounts by changing passwords and enabling two-factor authentication.

Applicable Sections of Law

This case falls under several provisions of the Bharatiya Nyaya Sanhita (BNS). Section 318 deals with cheating and dishonestly inducing delivery of property, which applies when someone uses false identity to obtain goods. Section 319 covers cheating by personation, relevant when the fraudster impersonates the victim to place orders. Section 66 addresses identity theft and unauthorized use of personal information. Additionally, provisions under the Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 173 allow for filing complaints in such cyber fraud cases, while Section 35 provides for preliminary inquiry procedures in fraud investigations.

If You Are the Complainant

• File an FIR immediately at the local police station under relevant sections of BNS for fraud and identity theft
• Collect and preserve all evidence including delivery receipts, order confirmations, and communication records
• Report the incident to the e-commerce platform’s fraud department and demand investigation
• Contact your bank and telecom provider to secure your accounts and prevent further unauthorized access
• File a complaint with the National Consumer Disputes Redressal Commission if the platform fails to take action

If You Are the Victim

• Refuse to pay for any unauthorized COD deliveries and demand proper verification from delivery personnel
• Document the fraudulent order details including tracking number, delivery receipt, and product information
• Contact the platform immediately to report unauthorized use of your personal information
• Secure all your online accounts by changing passwords and enabling additional security measures
• Monitor your phone and email for any suspicious activities or unauthorized access attempts

How the Police Behave in Such Cases

Police typically treat small-amount COD fraud cases with initial skepticism due to the relatively low value involved. However, they are required to register FIR under BNSS provisions for identity theft and fraud. Most police stations now have cyber crime cells that handle such cases more efficiently. They usually advise victims to first approach the e-commerce platform for resolution before proceeding with formal investigation. Documentation and evidence play a crucial role in getting police cooperation in such matters.

FAQs People Normally Have

Can I refuse COD payment for unauthorized orders? Yes, you have every right to refuse payment and return the product if you didn’t place the order.

Will the e-commerce platform refund money for fraudulent orders? Most platforms have policies to handle such fraud cases and typically provide refunds after investigation.

How can I prevent such fraud in future? Secure your personal information, use strong passwords, and enable two-factor authentication on all accounts.

Is this considered a criminal offense? Yes, using someone else’s identity to place orders constitutes fraud and identity theft under BNS provisions.

What Evidence Is Required?

• Original delivery receipt and packaging materials with tracking details
• Screenshot of order confirmation emails or SMS if received
• Bank statements showing no authorized payment for the product
• Communication records with the e-commerce platform’s customer service
• Phone records showing no calls made to place the order
• Identity documents proving you are the rightful owner of the phone number used
• Witness statements from family members who accepted the delivery

How Long Will the Investigation Take?

Investigation timelines vary depending on the platform’s internal fraud team response and police efficiency. E-commerce platforms typically resolve such cases within 7-15 days if proper evidence is provided. Police investigation for small-amount fraud cases may take 2-3 months unless it’s part of a larger fraud network. However, with proper legal representation and documentation, resolution can be expedited significantly.

Advocate Sudhir Rao, Supreme Court of India