Consumer Forum Complaint Approved by E-Commerce Company But Refund Still Refused — What to Do

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.

Rohan Gupta, a salaried professional based in Lucknow, ordered a formal cotton shirt from Reliance Retail's online platform in early March 2025. The product listing clearly described the fabric as "100% Cotton." He took a screenshot of the page before completing the purchase — a small precaution that would prove very important later.

The shirt arrived. Rohan ironed it. Within moments, the fabric scorched and deformed beyond use. He checked the inner care label and discovered the actual material was Viscose, a heat-sensitive synthetic blend with absolutely nothing in common with cotton. He filed a complaint with customer support. Multiple calls and emails produced nothing — the usual corporate runaround. Frustrated and running out of options, he filed on the National Consumer Helpline portal with full documentation: screenshots, photographs of the damaged shirt, and order details.

The company's response on the portal read: "Claim has been approved, hence closing." But when Rohan followed up, no refund or replacement was processed. The company refused over the phone, as if nothing had been written. He then reached out to Advocate Sudhir Rao, having already spent weeks trying on his own without result. A formal legal notice was issued under the Consumer Protection Act, 2019, citing misdescription of goods and deficiency in service. The matter moved to the District Consumer Disputes Redressal Commission, and the company, faced with documented evidence and a structured legal approach, settled the claim with a full refund and compensation for the damaged product. A general complaint alone hadn't worked. The structured consumer law strategy made the difference.

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.

Preserve all evidence immediately: Screenshot the product listing page, save all order confirmation emails, take clear photographs of the damaged or misdescribed product, and retain the original packaging. Don't discard anything — even the inner label matters in court.

Send a formal legal notice before filing: Before approaching the Consumer Commission, send a properly drafted legal notice to the e-commerce company citing the specific deficiency. This creates a paper trail and often pushes companies into resolution without further escalation. And here's the thing, many companies quietly settle at this stage alone, simply because a formal notice signals you mean business.

Don't rely on portal status messages alone: A message saying "claim approved" on a grievance portal carries no legal enforceability unless the company actually processes the resolution. Consumer matters of this type, involving misdescription, deficiency in service, and unfair trade practices, have procedural and evidentiary layers that advocates who regularly practise consumer law understand far better than a general practitioner. Frankly, engaging someone with domain-specific experience typically shortens the process considerably.

Applicable Sections of Law

• Section 2(11) — Consumer Protection Act, 2019: Defines "deficiency" broadly to include inadequate or imperfect service, which includes failure to honour an approved claim.
• Section 2(47) — Consumer Protection Act, 2019: Defines "unfair trade practice," which covers false or misleading product descriptions such as labelling a viscose product as cotton.
• Section 35 — Consumer Protection Act, 2019: Provides the right of a consumer to file a complaint before the District Consumer Disputes Redressal Commission for deficiency in goods or services.
• Section 89 — Consumer Protection Act, 2019: Provides for mediation as a first step before adjudication, allowing faster resolution in appropriate cases.

Jurisdiction — Where to File the Case

Consumer complaints are filed based on pecuniary jurisdiction. The District Consumer Disputes Redressal Commission handles complaints where the value of goods and compensation claimed does not exceed Rs. 50 lakhs. The State Consumer Disputes Redressal Commission has jurisdiction where the claim is between Rs. 50 lakhs and Rs. 2 crores. The National Consumer Disputes Redressal Commission handles matters above Rs. 2 crores. Territorially, the complaint can be filed either where the opposite party carries on business or where the cause of action arises, meaning Rohan's city of Lucknow was a valid jurisdiction. Now, before you act, get the forum right — a wrong filing wastes months and can be dismissed on maintainability grounds alone.

Limitation Period

Under the Limitation Act, 1963, read with Section 69 of the Consumer Protection Act, 2019, a consumer complaint must be filed within two years from the date the cause of action arises. In cases of misdescription and product damage, the limitation clock typically starts from the date of receipt of the defective product or the date the company refuses the complaint. Missing this window can be fatal to the case. Condonation of delay is possible under Section 69(2) of the Consumer Protection Act, 2019, but the Commission must be satisfied that there was sufficient cause — so don't wait unnecessarily.

Interim Reliefs Available

The District Consumer Disputes Redressal Commission can grant interim relief under Section 38(7) of the Consumer Protection Act, 2019, including directions to the opposite party not to dispose of goods forming the subject of the complaint. Where the product itself constitutes evidence, a status quo order preserving samples or documentation can be sought early in proceedings. While attachment before judgment under Order 38 CPC is not directly applicable in consumer proceedings, a Commission can issue protective orders to ensure that the complainant's evidence is not tampered with. Make no mistake, acting early on interim reliefs often gives the complainant real leverage well before the final hearing.

If You Are the Victim

• Preserve and back up all digital evidence — screenshots, emails, chat transcripts, and order invoices — immediately. Don't assume the platform will retain records.
• Document the product defect clearly: photograph the damage, the inner fabric label, the outer packaging, and the product listing side by side.
• Send a written complaint to the company's grievance officer by email, referencing your order ID and the specific misdescription — this creates a timestamped record.
• If the company ignores or provides a hollow resolution, approach a consumer law advocate before filing the complaint, so your petition is correctly framed from the start.
• File your complaint at the appropriate Consumer Commission level based on the value of your claim — a wrong forum wastes time and money.

Documents You Must Keep Ready

• Aadhaar card and PAN card as identity proof
• Order confirmation email or invoice from the e-commerce platform
• Screenshot of the product listing showing the misdescribed fabric or feature
• Photographs of the damaged product and the inner label showing the actual material
• All email and chat correspondence with the company's customer support
• Screenshot or printout of the consumer portal entry showing the company's "claim approved" statement
• Bank or credit card statement showing the amount paid
• Copy of the legal notice sent and its delivery acknowledgement

What Evidence Is Required?

• Primary evidence: The product itself, the inner fabric label, and the original product listing screenshot — these are direct proof of misdescription.
• Documentary evidence: Order invoice, payment receipt, and all written communications including the company's portal reply stating "claim approved."
• Photographic evidence: Clear photographs of the damage caused to the product during normal use (ironing, in this type of case) that would not have occurred had the product been what it claimed to be.
• Digital evidence: Timestamped screenshots, email threads, and chat logs — preserve these in their original format wherever possible.
• Expert or technical evidence (if needed): In higher-value cases, a fabric testing report from a textile lab can conclusively establish that the product contained viscose, not cotton, and can significantly strengthen the case before the Commission.

How Courts Typically Approach Such Cases

Consumer Commissions generally take a consumer-friendly approach in misdescription matters, particularly where the complainant has preserved the product listing screenshot and the inner label. Commissions look closely at whether the description on the platform matched the actual product, and whether the company took any meaningful corrective action after the complaint. A hollow "claim approved" response followed by actual refusal to process the claim tends to be viewed very poorly. Companies that fail to appear or give evasive replies are often proceeded against ex parte. Delay tactics by the opposite party are usually noticed, and Commissions are empowered to award compensation for harassment in addition to the product value.

Timeline of Legal Process

• Step 1 — Legal notice to the company (Week 1-2): Formal notice giving the company a last opportunity to resolve before litigation.
• Step 2 — Filing complaint before District Consumer Commission (Week 3-4): Complaint drafted with all supporting documents and filed with court fees.
• Step 3 — Admission and issuance of notice to opposite party (Week 4-6): Commission admits the complaint and sends notice to the company.
• Step 4 — Written statement by opposite party (Week 6-10): Company files its reply; time is given for rejoinder if needed.
• Step 5 — Framing of issues and evidence stage (Month 3-5): Both sides submit affidavits and documents as evidence.
• Step 6 — Arguments (Month 5-7): Both sides present oral and written arguments before the Commission.
• Step 7 — Order / Judgment (Month 7-12): Commission passes its order, which may include refund, replacement, compensation, and costs.
• Step 8 — Execution or appeal (if needed): If the company does not comply, execution proceedings are initiated. Either party may appeal to the State Commission within 45 days.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Consumer disputes are well-suited for pre-litigation or mid-litigation settlement. Under Section 37 of the Consumer Protection Act, 2019, the Commission is empowered to refer a matter to mediation at any stage, and many District Commissions actively do so in product misdescription cases. Lok Adalats, constituted under the Legal Services Authorities Act, 1987, can also take up consumer disputes where the parties are willing. An award passed by a Lok Adalat is final and binding and cannot be appealed, making it a clean resolution. In many cases, a well-drafted legal notice alone prompts the company to settle, particularly where the documentary evidence is strong and the company's own portal records an admission like "claim approved." Settlement is generally advisable where a fair refund and compensation are offered, avoiding the time cost of a full hearing.

Common Mistakes People Make

• Discarding the damaged product: Many consumers throw away the damaged item thinking it has no further use. The product is primary evidence — keep it safe along with original packaging.
• Not screenshotting the product listing at the time of purchase: Product listings change or get deleted after complaints. A timestamped screenshot of the listing showing the misdescribed specification is critical. Take it immediately.
• Treating a portal status update as legal resolution: A message on a grievance portal carries no enforceable legal weight. Don't stop pursuing the matter because the portal shows "claim approved."
• Delaying action past the limitation period: Waiting too long, hoping the company will resolve on its own, can push the matter past the two-year limitation period under Section 69 of the Consumer Protection Act, 2019, making the case difficult to maintain.
• Engaging an advocate without relevant consumer law experience: Consumer matters involve specific procedural requirements under the Consumer Protection Act, 2019, knowledge of Commission practice directions, and a tactical understanding of how to use misdescription and deficiency in service arguments together. A general practitioner unfamiliar with consumer forum procedures may inadvertently file in the wrong forum, omit key reliefs, or miss the evidentiary points that actually move such cases. Experience in this area of practice makes a tangible difference to the process and outcome.
• Posting case details on social media before or during proceedings: Public posts can be used by the opposite party to complicate proceedings or to argue that the matter is sub judice. Keep the dispute off social media once legal action begins.