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.
TL;DR: You can file a consumer complaint if you received damaged, defective, or counterfeit board games, even if the seller claims a "no return" policy. The seller is liable for deficiency in service and supplying defective products under the Consumer Protection Act, 2019.
A box arrived in Pune in early November 2024. Vishal Mehta had ordered seven premium board games from a Surat-based online store called KhelChakra, spending nearly ₹11,500 after spotting a deep discount. The store’s Google reviews were glowing—4.3 stars—so the risk felt calculated. Then the package showed up. One game box was crumpled, the plastic wrap torn. Vishal called immediately and sent photos. The store brushed it off: “All imported, no chance of damage.” No empathy. No acknowledgment. Just a flat refusal. And when Vishal dug deeper, things got worse. Every game felt flimsy—thin cardboard, poorly printed boards, components that cracked on first use. They weren’t just damaged; they were obvious knock-offs. His earlier polite emails and calls hadn’t moved the needle at all. Frustrated, Vishal approached the Chamber of Advocate Sudhir Rao. The office didn’t just draft a generic notice. They structured a legal complaint around product liability and misrepresentation, highlighting the sale of counterfeit goods as a deceptive practice. Advocate Sudhir Rao’s expertise in consumer disputes shaped a precisely worded complaint that left the seller no wriggle room. Within weeks, the seller filed a settlement offer—full refund plus ₹15,000 in compensation. The case never even required a hearing.Key Facts of the Case
- The buyer ordered board games worth approximately ₹11,500 from an online seller based in Surat.
- One game box arrived visibly damaged; others proved to be of substandard, counterfeit quality upon use.
- The seller refused any refund or replacement, citing a rigid "no return" policy.
- The store’s response showed clear deficiency in service—they ignored evidence of damage and misrepresented the goods as genuine.
- No prior legal notice had been sent; the initial approach by the buyer himself yielded no result.
- The matter was resolved pre-litigation thanks to a sharply drafted legal notice that invoked product liability and unfair trade practice provisions.
The Direct Legal Answer
Yes, you have a very strong chance of getting a refund. A seller cannot escape liability just by printing “no return” on their website when they supply damaged, defective, or counterfeit goods. Under the Consumer Protection Act, 2019, you are entitled to a replacement or refund, plus compensation for any consequential loss or harassment.
If the goods were sold as original but turn out to be knock-offs, that’s not merely a civil wrong—it’s an unfair trade practice and a potential violation of trademark law. The seller’s rude refusal and contradictory policies (website mentions returns, staff denies it) also constitute deficiency in service. File a complaint before the District Consumer Disputes Redressal Commission if the value is below one crore rupees.
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.
Do not dispose of the damaged games or their packaging. They are your best evidence. Photograph everything immediately—the box as received, the damaged components, the seller’s chat messages. Then send a formal legal notice before filing any complaint. Consumer matters often settle at the notice stage when the opposing party sees you’re serious. This type of case involves nuanced pleading on what counts as a “defect” and how to prove counterfeit goods, areas where an advocate who regularly handles consumer disputes can structure your case far more effectively than a general practitioner.
Applicable Sections of Law
- Section 2(7) – Consumer Protection Act, 2019: Defines a consumer as someone who buys goods for consideration, covering your purchase.
- Section 2(10) – Consumer Protection Act, 2019: Defines “defect” in goods—any fault, imperfection, or shortcoming in quality, purity, or standard.
- Section 2(11) – Consumer Protection Act, 2019: Defines “deficiency” in service—any shortcoming in the quality of service, including rude behaviour and failure to honour return commitments.
- Section 2(47) – Consumer Protection Act, 2019: Unfair trade practice—misleading representations about goods being of a particular quality or grade.
- Section 85 – Consumer Protection Act, 2019: Product liability action against a seller for supplying defective products.
Jurisdiction — Where to File the Case
You file your complaint with the District Consumer Disputes Redressal Commission if the value of goods and compensation claimed is up to one crore rupees. Territorial jurisdiction lies where the seller’s office is situated or where the goods were delivered—meaning you can file in your own city if the product was shipped to your address. This is a huge advantage; you don’t need to travel to the seller’s city. For pecuniary jurisdiction, calculate the price paid plus the compensation you seek. If the total exceeds one crore, approach the State Commission. Getting jurisdiction right avoids dismissal on a technicality, so do confirm the forum with your advocate.
Limitation Period
You have two years from the date the defects were discovered—or ought to have been discovered—to file a complaint under the Consumer Protection Act. The clock typically starts when you first notice the damage or the counterfeit nature of the goods. Delay can be fatal. If you miss the deadline, you can apply for condonation of delay, but you must give solid reasons. Courts don’t extend time as a routine favour. So don’t sit on your rights.
Interim Reliefs Available
In a consumer case, you generally don’t need elaborate interim applications because the commission moves relatively fast. But you can ask the District Commission to direct the seller to preserve electronic evidence—chat messages, website screenshots, product listings—so nothing vanishes. Through Order 39 CPC principles applied in consumer law, you could also seek a status quo on the seller’s assets if there’s a real risk of them disappearing. The real relief, however, comes through the final order: refund, replacement, compensation. So focus on building a tight case and pushing for an early hearing date.
If You Are the Victim
- Stop using the defective games immediately and store them safely as evidence.
- Take clear dated photos and videos of the damaged items, packaging, and any conversations with the seller.
- Send a formal legal notice giving the seller 15 days to refund or replace—this is often the game changer.
- If no response, file a consumer complaint online through the e-Daakhil portal or offline with the relevant commission.
- Do not accept partial refunds or “store credit” unless you’re sure it’s fair—once you do, you may waive further claims.
Documents You Must Keep Ready
- Invoice or payment receipt showing transaction date and amount.
- Screenshots of the product listing page showing claims about “genuine” or “imported” quality.
- All email and WhatsApp conversations with the seller, especially where they admit damage or refuse return.
- Photographs and videos of the unboxing and damaged games.
- Bank statement or UPI transaction detail confirming the payment.
- Copy of the legal notice sent to the seller and any reply received.
- Identity proof (Aadhaar, PAN) for filing the complaint.
- Physical products themselves — keep them in the same condition for inspection.
What Evidence Is Required?
- The actual defective goods — the commission may want to examine them.
- Visual evidence of damage: high-resolution photos and videos showing the poor quality.
- Sale invoice and payment proof establishing the transaction.
- Communication records proving the seller’s refusal or indifference.
- Expert opinion, if needed, to confirm that the games are counterfeit — but often the shoddy quality speaks for itself.
- Witness statement from any family member who saw the unboxing and can attest to the condition.
- Printout of the seller’s return policy page at the time of purchase (screenshots with date and URL visible).
How Courts Typically Approach Such Cases
Consumer commissions take a practical view. They know that e-commerce sellers often hide behind “no return” walls. If you can clearly show the goods arrived damaged or are not what was promised, the commission will usually order a refund. The real challenge is proving that the damage existed before delivery. But here’s the thing, if you document the unboxing and preserve the torn outer carton, the burden shifts. Courts also frown upon abrupt rudeness and contradictory policies. So your word, backed by solid evidence, carries weight.
Timeline of Legal Process
- Legal notice: typically 15 days given to the seller to respond. Many cases resolve here.
- Filing complaint: Once filed, the commission issues notice to the opposite party.
- Appearance and reply: The seller has 30 days (extendable by 15 days) to file a written statement.
- Evidence: Complainant files evidence affidavit; opposite party files theirs. This can take 2–3 months.
- Arguments: Both sides present brief oral arguments. Usually 1–2 hearings.
- Order: The commission passes a reasoned order. The whole process can wrap up in 5–8 months if no adjournments are taken.
- Appeal: If either side appeals, it goes to the State Commission and can add another year.
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?
Absolutely. Consumer disputes are particularly suited to settlement. After your legal notice lands, the seller often becomes far more cooperative, offering a refund or replacement to avoid litigation. Mediation is also possible—consumer commissions refer cases to mediation at the first hearing if both parties agree. Lok Adalats can handle pending matters too. Settlement saves time, stress, and money. But don’t compromise for a token refund if you’ve genuinely suffered a loss and distress. Your advocate can gauge whether a settlement offer is fair or a lowball tactic.
Common Mistakes People Make
- Throwing away the damaged packaging or the games themselves out of frustration—this destroys vital evidence.
- Accepting a small discount or store credit as full settlement without understanding the legal rights they’re giving up.
- Filing a complaint without first sending a legal notice; the commission wants to see you gave the seller a chance.
- Engaging an advocate who doesn’t regularly handle consumer disputes—product defect claims require specific knowledge of what evidence turns a “damaged” item into a proven defect under the Act.
- Posting grievances on social media before consulting a lawyer; this can sometimes backfire if the seller uses your posts to argue you damaged the goods yourself.
- Delaying the complaint beyond two years, by which time the limitation period may expire and sink the case.
FAQs People Normally Have
Q: Can I file a complaint even if the seller is in another state?
Yes. You can file where you received the goods. Territorial jurisdiction includes the place of delivery, so you don’t need to travel to the seller’s city.
Q: What if the seller simply ignores the legal notice?
Then you proceed to file the formal complaint. The commission will summon the seller. Ignoring a commission notice can lead to an ex parte order against them.
Q: How do I prove the games are counterfeit?
Comparisons with original product photos, manufacturer correspondence, or sometimes a price so low it’s obviously fake can convince the commission. Expert opinion helps but isn’t mandatory if the defect is visible.
Q: Is an unboxing video necessary?
It isn’t a legal requirement, but it’s the best piece of evidence you can have. It silences any argument that you damaged the goods yourself.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India