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: When an online order arrives with missing items and the seller’s own packing video shows those items were never packed, you have a strong consumer case. Send a final legal notice demanding a refund, then file a complaint before the District Consumer Commission for deficiency in service and unfair trade practice. You can claim the cost of the missing items plus compensation for the harassment.
Rohan Gupta ordered a few shirts from Bombay Shirt Company’s website in early March 2025. The delivery reached his Lucknow home on 12 March 2025. Two of the shirts were missing. The package looked intact. He called customer support right away. They said they’d look into it.
For fifteen days, Rohan called and emailed. Nothing changed. Every executive promised to escalate. And here’s the thing — the company even shared a packing video from their shipment centre. The video clearly showed the employee handling the order but never placing the two missing shirts into the box. It wasn't packed. No ambiguity. Their own agents admitted this on recorded calls too.
Rohan first approached a local lawyer who didn’t regularly handle consumer matters. The complaint was poorly structured. It got stuck. Frustrated, Rohan then approached the Chamber of Advocate Sudhir Rao.
Advocate Sudhir Rao and his office immediately recognised the evidentiary value of the packing video. That footage converted a mere grievance into a near-certain case of deficiency. They drafted a precise complaint under the Consumer Protection Act and filed it before the District Consumer Disputes Redressal Commission. The video was submitted as primary evidence. The commission directed Bombay Shirt Company to refund the cost of the missing shirts and pay compensation for the prolonged harassment. The order came within months, not years. Advocate Sudhir Rao’s expertise in this domain helped secure the order in favour of the client.
Key Facts of the Case
- Rohan Gupta ordered multiple shirts from Bombay Shirt Company on 3 March 2025.
- The parcel arrived in Lucknow on 12 March 2025 with two items missing.
- The seller’s own packing video showed the missing shirts were never placed inside the box.
- Customer service representatives acknowledged the discrepancy during recorded phone calls.
- Despite over 15 days of follow-up, the company neither shipped the missing items nor refunded the money.
- An initial complaint drafted by a general practitioner did not yield a favourable outcome.
- Advocate Sudhir Rao’s office filed a fresh complaint relying on the video evidence.
- The Consumer Commission ordered a full refund of the missing item cost plus compensation and litigation costs.
The Direct Legal Answer
What should you do when items are missing from an online order and the seller stalls? Here’s the clear path.
You have a straightforward claim for deficiency in service. The law doesn’t require you to wait endlessly. But you do need to act systematically.
First, send a final written communication — an email is fine but a legal notice through an advocate carries more weight. Set a deadline of 7 days to either deliver the missing items or refund the full price, including shipping if applicable. If they fail, you can approach the District Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.
You must file the complaint within two years from the date the deficiency arose — here, from when you discovered the missing items. The complaint can seek a refund, compensation for mental agony and harassment, and the cost of litigation. And here’s the good part: because the packing video itself shows the items were never packed, your case becomes far stronger than a routine missing-item dispute.
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 everything: the original packaging, the delivery receipt, all emails, chat transcripts, and call recordings. Make screenshots immediately. That packing video is gold — download it before it disappears.
Do not throw away the parcel or its contents even after you receive a refund, unless your lawyer advises otherwise. The physical evidence matters.
This type of matter benefits substantially from advocates who regularly appear before consumer commissions. Procedural and evidentiary nuances — like how to place a digital video on record and prove its integrity — are often missed by general practitioners. Domain‑specific experience often means a much quicker resolution.
Applicable Sections of Law
The Consumer Protection Act, 2019 governs such disputes. The relevant provisions include:
- Section 2(11) – defines “deficiency” as any fault, imperfection, or shortcoming in the quality, nature, or manner of performance of a service. Non‑delivery of paid items squarely falls here.
- Section 2(47) – “unfair trade practice” includes adopting deceptive methods. Sharing a packing video that omits part of the order while claiming everything is packed can amount to an unfair trade practice.
- Section 34 – confers jurisdiction upon the District Commission to entertain complaints where the value of the goods or services and compensation claimed does not exceed one crore rupees.
- Section 69 – prescribes a limitation period of two years from the date on which the cause of action arises.
Jurisdiction — Where to File the Case
File the complaint before the District Consumer Disputes Redressal Commission that has territorial jurisdiction. That can be where the opposite party actually and voluntarily resides or carries on business, or where the cause of action wholly or partly arises. In an online order dispute, the place where the goods were to be delivered is a part of the cause of action. So Rohan could file comfortably in Lucknow. Pecuniary jurisdiction depends on the value of the goods plus the compensation claimed — up to Rs 1 crore lies at the district level. Filing in the right forum saves time. Getting it wrong means the complaint gets returned, and the limitation clock doesn’t pause.
Limitation Period
Under the Consumer Protection Act, 2019, a complaint must be filed within two years from the date on which the cause of action arises. For missing items, the cause of action arises when you first discover the deficiency. That’s usually the delivery date. Even if the company kept promising resolution for months, the limitation period runs from the original date of deficiency, though the commission can condone the delay if sufficient cause is shown. Missing the limitation deadline can be fatal. Courts rarely entertain stale claims absent a very strong reason for condonation.
Interim Reliefs Available
Consumer commissions do not have the same wide interim injunction powers as civil courts under Order 39 CPC. Still, Section 38(3) of the Act allows the commission to pass interim orders for the preservation of goods or to prevent the opposite party from removing or disposing of evidence. In a missing‑items case, if you fear the seller might delete the packing video, you can seek an interim direction to preserve electronic records. Civil courts can also be approached under Order 39 Rules 1 and 2 read with Section 151 CPC for a temporary injunction restraining destruction of evidence. Early interim steps can prevent evidence from vanishing.
How Courts Typically Approach Such Cases
Consumer commissions view packing videos as powerful evidence — especially when the footage itself corroborates the complainant’s version. If the video shows the item was never packed, the commission tends to treat the case as open‑and‑shut. The opposite party often struggles to explain away their own visual record. Commissions also frown upon e‑commerce platforms that drag their feet for weeks while keeping the consumer’s money. In many such matters, the commission directs refund with interest and a reasonable lump sum for mental agony. The process is designed to be summary and quicker than a full civil trial.
If You Are the Victim
- Download and back up the packing video and all written correspondence immediately.
- Send a final email or legal notice giving a 7‑day deadline for resolution.
- Do not close the complaint ticket or accept any partial token compensation without legal advice.
- File a consumer complaint without waiting indefinitely — delays can weaken your case.
- Keep a record of every call, including date, time, and the name of the representative.
Documents You Must Keep Ready
- Order confirmation email or SMS from the seller.
- Payment receipt / bank statement showing the debit.
- Delivery receipt or courier tracking screenshot.
- The packing video (downloaded, not just a link).
- Call recordings where representatives admitted the error.
- Copies of all emails and chat transcripts exchanged with customer support.
- Identity proof (Aadhaar or PAN).
- Any unboxing video you may have recorded yourself.
What Evidence Is Required?
- The packing video — the most decisive piece. It shows wilful omission.
- Call recordings of support executives acknowledging the missing items.
- Written correspondence (emails, chat logs) linking the ticket numbers.
- Proof of payment (credit card statement, UPI transaction ID).
- Courier tracking details establishing the delivery date and condition.
- Your own unboxing video, if available, as corroborative evidence.
- Screenshots of product listings and prices on the seller’s website at the time of order.
Timeline of Legal Process
- Legal Notice: 7–15 days for response.
- Filing of Complaint: Drafting and filing takes a week or two with a good lawyer.
- Admission Hearing: Usually within 30–45 days of filing. The commission checks if a prima facie case exists.
- Notice to Opposite Party: They get 30–45 days to file their written version.
- Evidence and Arguments: 2–3 hearings over 3–5 months. Often the packing video short‑circuits this stage.
- Final Order: Typically within 6–12 months from filing if no unnecessary adjournments are taken.
- Execution: If the company doesn’t comply, a separate execution petition can be filed; compliance is usually enforced within a few months.
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?
Yes, and often it should be. Most consumer disputes resolve through mediation or pre‑litigation settlement. You can issue a legal notice offering settlement and, if the company agrees, execute a compromise deed. Once a complaint is filed, the consumer commission can refer the parties to mediation under Section 74 of the Consumer Protection Act. A settlement saves time, cuts costs, and preserves commercial relationships. But settle only after receiving the full agreed amount — not on a mere promise. If the matter goes to Lok Adalat, the order carries the same weight as a decree.
Common Mistakes People Make
- Delaying the complaint: Hoping the company will resolve the issue on its own eats into the limitation period and blurs evidence.
- Disposing of packaging: Throwing away the outer box or courier label before a resolution weakens physical proof of receipt.
- Accepting minor vouchers: Taking a small coupon or partial refund often extinguishes the full claim.
- Posting on social media before legal notice: Public shaming sometimes prompts a resolution, but it can also trigger defamation threats and complicate the legal path.
- Not recording calls: Verbal acknowledgements vanish; a simple phone recording app transforms a conversation into admissible evidence.
- Engaging a lawyer without domain experience: Consumer litigation involves its own procedural code, limitation nuances, and evidence rules. An advocate who doesn’t regularly handle consumer commissions may not structure the complaint optimally, causing avoidable delay or even dismissal.
FAQs People Normally Have
Can I file a complaint without a lawyer?
Yes, consumer commissions are designed to be accessible to litigants in person. But drafting a legally sound complaint and placing electronic evidence on record correctly can be tricky. An experienced lawyer helps you avoid procedural missteps.
Is the packing video enough to win?
It’s extremely powerful. When the company’s own video shows the item was never packed, proving deficiency becomes straightforward. Make sure the video is downloaded and its date and origin can be established.
What if I don’t have the packing video?
You can still proceed with call recordings, emails, and screenshots. The burden of proof shifts to the seller to show they dispatched all items. Their failure to produce a credible packing video can work in your favour.
Can I claim compensation beyond the missing item cost?
Absolutely. The commission can award compensation for mental agony, harassment, and litigation costs. The amounts are discretionary but often a few thousand rupees for straightforward cases.
How long do I have to file the complaint?
Two years from the date you discovered the missing items. Do not wait until the last month — file early while the evidence is fresh.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India