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 brand takes your payment and doesn't ship the order, you have a clear consumer deficiency case. File a grievance on the National Consumer Helpline (NCH) app, send a legal notice, and if still unresolved, move the District Consumer Disputes Redressal Commission. Refund plus compensation for harassment and litigation costs can be secured quickly if you act without delay.
Around mid-March 2025, a young professional in Lucknow placed an order for three items on the website of FabAlley, a popular direct-to-consumer fashion brand. The cart total came to ₹2,048. Payment went through instantly via UPI. A confirmation email landed in her inbox, and that was the last thing that arrived.
She downloaded the brand’s app the next day to track the shipment. The app had a 2.1-star rating, littered with reviews about ghost orders and unshipped parcels. Still no dispatch status. Emails to customer support bounced with an auto-reply. Phone calls rang unanswered. Instagram DMs sat on 'Seen'. Two weeks of silence.
She first spoke to a local lawyer who suggested she just wait—maybe it was a logistics glitch. That advice cost her another ten days. Frustrated, she approached the Chamber of Advocate Sudhir Rao. The office immediately identified this as a textbook deficiency of service under the Consumer Protection Act, 2019. A crisp legal notice was despatched to the brand’s registered office, and a parallel complaint was registered on the National Consumer Helpline portal. Within ten days, the brand refunded the full amount along with a goodwill compensation, and the matter closed without needing to drag it into a formal commission hearing. Advocate Sudhir Rao’s familiarity with e-commerce consumer disputes meant the team didn’t waste time on generic correspondence; they hit the right statutory triggers from day one.
Key Facts of the Case
- Consumer ordered three products from an online fashion brand’s website, paying ₹2,048 online.
- Order was never shipped; the brand’s app displayed low ratings and multiple similar complaints.
- All attempts at contact—emails, calls, messages—went unanswered for over two weeks.
- The client initially followed non-specialist advice, leading to further delay.
- After approaching Advocate Sudhir Rao’s chamber, a legal notice and NCH complaint were filed promptly.
- The matter was resolved through a full refund and compensation without formal litigation.
- Core legal issue: deficiency in service under Section 2(11) read with Section 2(47) of the Consumer Protection Act, 2019.
The Direct Legal Answer
Yes, you should absolutely file a complaint with the National Consumer Helpline if an online brand takes your money and fails to ship the order. But a few things should be done before and alongside it. First, gather every scrap of evidence—order confirmation, payment receipt, all unanswered messages. Then send a formal legal notice to the company, demanding refund and compensation within a specific period. If that doesn't shake a response, escalate to the NCH and concurrently file a consumer complaint before the District Consumer Disputes Redressal Commission. The legal foundation here is solid: a seller who accepts payment and does not deliver has committed a deficiency of service under the Consumer Protection Act, 2019. The NCH route often yields quick results for straightforward e-commerce non-delivery cases, but having a lawyer-drafted notice running in parallel creates the pressure most online brands will not ignore.
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.
Keep all communications written. Screenshots of app reviews, email threads, and WhatsApp messages turn an empty claim into a provable case. Don’t wait thinking the brand will “eventually” respond—the limitation clock is ticking.
And here’s the thing. Matters like this benefit immensely from an advocate who regularly handles consumer disputes. E-commerce complaints under the Consumer Protection (E-Commerce) Rules, 2020 involve specific procedural angles—jurisdiction over online sellers, liability of payment gateways, and the evidentiary weight of digital records—that a general practitioner may overlook. Domain-specific experience genuinely shortens the timeline.
Applicable Sections of Law
Consumer Protection Act, 2019: Section 2(7) defines ‘consumer’; Section 2(11) defines ‘deficiency’; Section 2(47) defines ‘services’ to include e-commerce transactions. Section 34 and 35 deal with territorial jurisdiction and the manner of filing complaints. Section 69 prescribes the limitation period. The Consumer Protection (E-Commerce) Rules, 2020 impose specific duties on e-commerce entities, including timely delivery and grievance redressal mechanisms. When a brand fails to ship, it is a plain violation of these duties, amounting to deficiency.
Jurisdiction — Where to File the Case
The District Consumer Disputes Redressal Commission has pecuniary jurisdiction for claims up to ₹1 crore, so a ₹2,048 claim is comfortably within its domain. Territorial jurisdiction can lie where the complainant resides or carries on business, or where the cause of action arose—in this case, Lucknow, where the order was placed and payment made. E-commerce disputes often raise the question whether the ‘place of business’ of the online seller matters; however, the 2019 Act and E-Commerce Rules tilt heavily in favour of the consumer’s convenience. Filing at the complainant’s own district is not only permissible, it is strategically the path of least resistance.
Limitation Period
Under Section 69 of the Consumer Protection Act, 2019, a complaint must be filed within two years from the date on which the cause of action arises. The cause of action here crystallises the moment it becomes clear the brand isn’t delivering—typically after a reasonable period of no-shipment and no-response. If you sit on the matter for two years, it may become time-barred. Condonation of delay is possible if you can show sufficient cause, but that route is uncertain. So file early.
Interim Reliefs Available
Interim orders in consumer proceedings are less common than in civil suits, but they exist. Section 101 of the Consumer Protection Act, 2019 allows the District Commission to pass any interim order necessary in the interest of justice. In a non-delivery case, you might seek an order directing the e-commerce platform to preserve records and not to remove the specific product listing, or to secure the disputed amount. Attachment before judgment under Order 38 CPC doesn’t directly apply in a consumer commission, but the commission’s inherent power to pass just and proper interim orders serves a similar purpose. In practice, however, the threat of an adverse final order and the reputational damage from NCH escalation usually render interim orders unnecessary.
If You Are the Victim
- Don’t delete order confirmation emails, app screenshots, or payment SMS—any of them could be crucial evidence.
- Download and save the app’s ratings and complaint threads; they show a pattern of indifference often appreciated by consumer forums.
- Send a short, firm email stating that if the order isn't shipped within 48 hours, you’ll proceed under the Consumer Protection Act—sometimes that alone works.
- File an NCH complaint immediately; it’s free, fast, and requires minimal documentation.
- If the amount is modest and the brand remains unresponsive, a District Commission complaint with a demand for refund, compensation for harassment, and litigation costs is the next logical step.
Documents You Must Keep Ready
- Aadhaar or other government identity proof.
- Order confirmation page or email.
- Online payment receipt (UPI, card, wallet) showing the debit.
- All email and chat exchanges with the brand.
- Screenshots of the app’s rating and user reviews highlighting similar complaints.
- Bank statement reflecting the payment.
- A brief factual timeline drafted for your lawyer.
- Copy of the legal notice sent.
What Evidence Is Required?
- Primary evidence of the transaction: order ID, payment gateway receipt, and confirmation email.
- Communication logs: unanswered emails, call records, screenshots of messages left on ‘seen’.
- App store ratings and reviews to establish the brand’s habitual non-performance—useful to counter any defence of one-off logistics failure.
- Bank statement or wallet transaction history as secondary evidence of payment.
- Any terms and conditions or shipping policy published on the brand’s website at the time of purchase (archive them using a snapshot tool).
- If you spoke to customer service, note dates, times, and the name of the agent if given.
- The legal notice and its tracking receipt.
How Courts Typically Approach Such Cases
Consumer commissions take a dim view of online sellers who collect money and stay silent. The 2019 Act and the E-Commerce Rules put the burden squarely on the e-commerce entity to ensure delivery and maintain a grievance redressal mechanism. A brand that simply ignores a buyer after payment is seen as exhibiting systemic deficiency. Commissions routinely direct refund of the paid amount, interest, and compensation for mental agony and litigation expenses. Because the law now recognises electronic records and screenshots as evidence, even a purely digital paper trail is difficult for the opposite side to dislodge. The commission’s primary concern is whether the consumer was left in the lurch; if yes, the order comes swiftly.
Timeline of Legal Process
- Legal Notice: Sent to the brand’s registered address; typically allows 15 days for compliance. Many cases settle here.
- NCH Complaint: Filed online; often results in resolution within 7–21 days if the brand is cooperative.
- Filing before District Commission: Plaint/admissible complaint, affidavit, and documents are submitted. Registration may take 1–2 weeks.
- Issue of Notice: Commission sends notice to opposite party; appearance within 30 days.
- Reply and Evidence: O.P. files written version, both sides submit evidence; roughly 2–3 months.
- Arguments and Order: Final hearing; a simple non-delivery case can be decided in 4–6 months from filing, often in a single sitting.
- Appeal: State Commission within 45 days, but in a matter of this value, appeals are rare.
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. In fact, most e-commerce non-delivery disputes settle without a formal adjudication order. A strongly worded legal notice often brings the brand to the table—a refund, a discount coupon, and an apology is a common package. If the brand shows willingness, a compromise can be recorded before the Commission under Section 39 of the Consumer Protection Act, 2019, and the complaint withdrawn. The matter can also be placed before a Lok Adalat if a case is pending. Mediation cells attached to consumer fora are another effective option. Settlement saves time and litigation stress, and because the 2019 Act promotes mediation, the ecosystem is designed to push parties toward early resolution.
Common Mistakes People Make
- Waiting too long, assuming the brand will “eventually” ship—delay weakens the time-sensitivity of the claim and risks limitation issues.
- Deleting screenshots and emails, then realising too late that they were the only proof of payment and non-response.
- Firing off angry social media posts before consulting a lawyer; a public rant can harden the brand’s stance and complicate settlement.
- Sending long, emotional emails instead of a crisp legal notice—word volume doesn't compensate for missing legal triggers.
- Filing a consumer complaint without a prior legal notice; while not mandatory, the omission can delay resolution because the commission often asks if an amicable settlement was attempted.
- Choosing an advocate who does not regularly handle consumer and e-commerce cases. The interplay between the Consumer Protection Act, E-Commerce Rules, and digital evidence norms requires a practitioner who knows how to present an electronic contract and payment trail in a way the commission appreciates—missing that can make a strong case look flimsy.
FAQs People Normally Have
Can I file a complaint if the order value is just a few thousand rupees?
Yes. The District Commission entertains claims of any value up to ₹1 crore. No amount is too small for a consumer forum.
Do I need a lawyer to file an NCH complaint?
Not at all. The NCH portal is designed for self-use. But having a lawyer draft a parallel legal notice significantly increases the response rate.
What if the brand’s website doesn’t show a physical address?
E-commerce entities are required by the E-Commerce Rules, 2020 to display their registered office address, grievance officer details, and contact information. If they don’t, that itself is a violation you can include in your complaint—and the commission can still proceed using the brand’s domain registration or payment gateway records to establish jurisdiction.
Will I get only a refund, or also compensation?
District Commissions routinely award refund plus interest, compensation for mental harassment and deficiency of service, and litigation costs. The idea is to make the consumer whole and to penalise the errant seller.
Is there any government helpline for such complaints?
The National Consumer Helpline (NCH) is a government-backed mechanism. You can call 1915 or use the NCH app to register a grievance. It works.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India