No Refund Received After Returning a Product to a Fashion Brand? Here's What You Can 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.

Kavita Reddy, a resident of Gomti Nagar, Lucknow, had ordered a fragrance combo set from a well-known fashion retail chain, Westside, through their official website. The product listing clearly stated it contained two bottles of 100 ml each. When the package arrived around 8 March 2025, Kavita found only a single 100 ml bottle inside. A clear mismatch from what was advertised.

She immediately raised a complaint. After speaking with four different customer care representatives over several calls and emails, the company finally acknowledged the error and initiated a return pickup. The item was collected from her address by 12 March 2025. Westside then took another five days to process the return at their end and communicated that the refund had been processed, even sharing a transaction reference number.

Nothing arrived. Her branch confirmed no such credit had been received on the stated date. Weeks passed. Westside's customer care kept repeating the same line: "The refund has been processed from our end." Kavita had tried resolving this on her own for over a month with no result.

She then approached Advocate Sudhir Rao's office after a friend's recommendation. A consumer legal notice was sent to Westside under the Consumer Protection Act, 2019, backed by all email records, courier receipts, and bank statements. The matter was taken up before the District Consumer Disputes Redressal Commission in Lucknow. Given the documented evidence and clear deficiency in service, Westside settled the full refund along with compensation for harassment within a few weeks of the notice. The experience showed clearly why having an advocate with hands-on consumer law experience makes a real difference in how quickly such matters get resolved.

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.

Send a Formal Legal Notice First: Before filing a consumer complaint, send a formal legal notice to the company through an advocate. Frankly, in a surprising number of cases, brands respond and settle the moment they receive an official legal notice. It's a low-cost first step that often works faster than repeated customer care calls ever will.

Preserve All Evidence Right Now: Don't delete emails, chat transcripts, or SMS messages from the brand. Screenshot everything. Download your bank statement covering the relevant period, because these documents are your primary proof before any forum — and you can't reconstruct them later.

File a Consumer Complaint if Notice Fails: If the brand doesn't respond to the legal notice within 15 to 30 days, proceed with a complaint before the District Consumer Disputes Redressal Commission. Consumer matters require specific procedural knowledge — drafting the complaint correctly, computing compensation heads, presenting evidence properly. An advocate who regularly handles consumer cases will know exactly how to structure the claim for maximum effect, which a general practitioner may not be fully familiar with.

Applicable Sections of Law

This matter is governed primarily by consumer protection and contract law. The following provisions apply directly:

• Section 2(11), Consumer Protection Act, 2019 — defines "deficiency in service," which covers failure to deliver promised goods or process refunds.
• Section 2(47), Consumer Protection Act, 2019 — defines "unfair trade practice," which includes false representation of product quantity at the time of sale.
• Section 35, Consumer Protection Act, 2019 — enables a consumer to file a complaint before the District Commission for deficiency in service and unfair trade practice.
• Section 37 and Section 39, Consumer Protection Act, 2019 — govern the procedure for hearing and the reliefs a Commission can grant, including refund, compensation, and cost of litigation.
• Section 73, Indian Contract Act, 1872 — entitles the aggrieved party to compensation for loss caused directly by breach of contract, which includes non-delivery of paid goods.

Jurisdiction — Where to File the Case

Under the Consumer Protection Act, 2019, pecuniary jurisdiction determines which forum hears your complaint. If the value of goods and compensation claimed is up to Rs. 50 lakh, the complaint lies before the District Consumer Disputes Redressal Commission of the district where you reside, where the purchase was made, or where the company's branch operates. For claims between Rs. 50 lakh and Rs. 2 crore, it goes to the State Commission. Above Rs. 2 crore, the National Consumer Disputes Redressal Commission (NCDRC) has jurisdiction.

Get jurisdiction right from the start. Filing before the wrong forum wastes time and can result in dismissal on technical grounds alone — and that's a painful way to lose months of effort.

Limitation Period

Two years. That's your window.

Under the Limitation Act, 1963, and as interpreted under the Consumer Protection Act, 2019, a consumer complaint must ordinarily be filed within two years from the date the cause of action arose. In this type of case, the clock typically starts from the date the brand failed to credit the refund after confirming it.

Missing this deadline can be fatal to your case. The Commission does have discretion to condone delay under Section 69(2) of the Consumer Protection Act, 2019, if sufficient cause is shown, but relying on condonation is risky — commissions don't hand it out freely. Act promptly. Every month of inaction weakens your position.

Interim Reliefs Available

And here's the thing — consumer forums can grant interim relief even before final disposal. Under Section 38(7) of the Consumer Protection Act, 2019, read with Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908, a complainant may seek an interim direction restraining the brand from disposing of assets or continuing a specific unfair practice during pendency of the matter.

In straightforward refund cases, courts often pass directions at the earliest hearing itself, asking the opposite party to show cause why the refund should not be restored. An attachment before judgment under Order 38 Rule 5 CPC can also be applied for if there is reason to believe the company may remove assets. These interim tools exist precisely to prevent further prejudice to the consumer during the proceedings.

If You Are the Victim

• Stop calling customer care repeatedly — it creates no legal record and wastes time. Switch to written communication only, via email, so every response is documented.
• Collect and organise all proof: order confirmation, product listing screenshots showing "2 x 100 ml," delivery receipt, return pickup acknowledgment, refund transaction ID shared by the brand, and bank statement showing no credit.
• Write a clear, factual complaint letter to the brand's grievance officer (every company registered under the Consumer Protection Act, 2019 is required to have one) and send it by email with read receipt.
• If no satisfactory response comes within 15 days of the grievance officer complaint, engage an advocate to issue a formal legal notice.
• File before the District Consumer Commission if the legal notice does not resolve the matter — include claims for the refund amount, compensation for mental agony, and cost of litigation.

Documents You Must Keep Ready

• Aadhaar card or PAN card as identity proof
• Order confirmation email or app screenshot showing product description ("2 x 100 ml" or equivalent)
• Payment receipt or bank transaction record showing amount paid
• Photographs of the package as received, showing only one item
• Return pickup acknowledgment or courier tracking receipt
• All email or chat exchanges with customer care, including the message containing the refund transaction ID
• Bank statement for the relevant period confirming no refund credit received
• Any written communication from the brand's grievance officer, if any

What Evidence Is Required?

• Product listing screenshot (primary evidence): Shows what was advertised — quantity, description, price. This directly proves misrepresentation.
• Order invoice (primary evidence): Confirms what you paid for and the amount charged.
• Photographs of received package and contents (primary evidence): Proves delivery was short, i.e., only one bottle received against two advertised.
• Customer care communications (primary evidence): Establishes that the brand acknowledged the deficiency and initiated a return.
• Refund transaction ID provided by brand (secondary evidence): Shows brand's claim that a refund was made — used alongside bank statement to prove the transaction was fictitious or incorrect.
• Bank statement (primary evidence): Definitively proves no credit was received.
• Return pickup receipt or courier tracking (primary evidence): Proves the product was handed back, removing any argument that the return was incomplete.

How Courts Typically Approach Such Cases

Consumer commissions in India take deficiency-in-service complaints seriously, particularly where documentary evidence is strong. In cases like Lucknow Development Authority v. M.K. Gupta, (1994) 1 SCC 243, the Supreme Court held that consumer fora exist to provide speedy redressal and should adopt a pro-consumer approach where the evidence is clear.

Now, before you act, understand what typically happens when a brand claims a refund was processed but the bank denies receiving it. Commissions direct the brand to produce banking proof of the outward transaction. Failure to produce credible proof shifts the burden entirely onto the brand. Make no mistake, most brands settle at this stage rather than contest further. Expect the District Commission to issue notice to the opposite party at first hearing and list the matter for reply within 30 to 45 days.

Timeline of Legal Process

• Week 1-2: Advocate issues formal legal notice to the brand — 15-day response window given.
• Week 3-4: If no satisfactory reply, consumer complaint drafted and filed before District Commission with all supporting documents.
• Week 5-6: Commission registers the complaint, issues notice to the brand (opposite party), and sets a date for reply.
• Month 2-3: Brand files written reply or version. Commission frames issues for determination.
• Month 3-5: Evidence stage — complainant files affidavit evidence, brand files its evidence.
• Month 5-6: Arguments heard by both sides.
• Month 6-8: Commission passes final order. If brand loses, it is directed to pay refund, compensation, and litigation cost within a fixed time.
• If brand fails to comply: Execution proceedings under Section 71 of the Consumer Protection Act, 2019.
• Appeal: Aggrieved party may appeal to State Commission within 45 days of order.

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 honestly, most straightforward refund matters of this nature settle before or shortly after the legal notice stage. Brands typically don't want a formal consumer commission record against them.

Mediation is available under Section 37 of the Consumer Protection Act, 2019, which empowers the District Commission to refer a matter to mediation with the parties' consent. Lok Adalats under the Legal Services Authorities Act, 1987 are also available for pre-litigation settlement — an award from Lok Adalat is a decree of civil court and is binding on both parties.

A negotiated settlement through a compromise deed, before or during proceedings, is perfectly valid and enforceable. Settlement is advisable where the brand is willing to refund and pay reasonable compensation, saving both parties the time and cost of a full hearing.

Common Mistakes People Make

• Relying only on phone calls: Verbal assurances from customer care executives carry zero evidentiary value. Everything must be in writing. Shift to email immediately.
• Waiting too long before taking legal action: Many people spend three to six months chasing customer care before consulting an advocate. This erodes the limitation period and allows the brand to stall further.
• Deleting communications thinking they are useless: Every email, SMS, and chat record from the brand is evidence. Deleting any of it before the matter is resolved can seriously weaken your case.

Advocate Sudhir Rao, Supreme Court of India