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: Yes, you can absolutely initiate a credit card chargeback with your bank for non-delivery of goods 17 days after the order and after repeated follow-ups. You can also simultaneously file a complaint with the National Consumer Helpline (NCH), and if the seller ships the mattress after you start the chargeback, the process will protect your money while the bank and merchant resolve the dispute. Keep all your written communication and order details ready.
Key Facts of the Case
- A mattress was ordered online from a manufacturer on 15 February 2025 for ₹8,322.67, paid via an HDFC Bank credit card.
- The customer sent multiple follow-up emails on 19 February, 23 February, and 1 March 2025 after receiving no dispatch update.
- The seller only responded on 27 February stating the order was delayed due to an "operational issue" and was "in production."
- By 9 March 2025 — 22 days after the order — the product had still not been dispatched, and the seller stopped responding entirely.
- The customer approached the Chamber of Advocate Sudhir Rao after a local consumer forum told them they needed to wait 30 days before filing a complaint, which was incorrect advice.
- Advocate Sudhir Rao and his office advised immediate action under the Consumer Protection Act, 2019 and directed the client to initiate a chargeback with the bank.
- Within five days of the chargeback being filed, the bank reversed the credit to the customer's account, and the seller finally shipped the mattress after a reminder from the bank.
The Direct Legal Answer
Make no mistake, a 17-day delay with no dispatch — plus vague excuses — is a clear case of deficiency in service and unfair trade practice under the Consumer Protection Act, 2019. Your rights here are strong, and you have several parallel options.
Can I initiate a credit card chargeback for non-delivery of goods?
Yes, absolutely. A chargeback is a mechanism where your credit card issuer reverses the transaction and returns the money to you when the merchant fails to deliver goods or services. For non-delivery after a reasonable time, this is your fastest remedy. Most banks in India, including HDFC Bank, have clear dispute resolution processes for chargebacks under Mastercard or Visa guidelines. Seventeen days with no dispatch is well beyond reasonable, especially after you've given them a 48-hour ultimatum.
Should I also file a complaint with the National Consumer Helpline at the same time?
Yes, you should. The National Consumer Helpline (NCH) is a free, government-backed mediation service. Filing a complaint there — along with the chargeback — adds official pressure on the seller. There's no conflict between the two actions; they run in parallel. And here's the thing, the NCH often resolves matters within 10-15 days through conciliation, which is much faster than going straight to a Consumer Forum.
What happens if the seller ships the mattress after I initiate the chargeback?
This is a common scenario. If the goods are shipped after you've raised the chargeback, the bank will investigate the dispute. You will need to inform your bank that the product has arrived. If the goods are satisfactory, the chargeback will likely be cancelled and the transaction reinstated. But if the goods are damaged, wrong, or not as described, you can escalate the chargeback further or vary your dispute reason. The key is to communicate with your bank honestly — never try to keep both the money and the goods.
What else should I do to protect my rights?
Keep every email, screenshot of the order confirmation, and any proof of your follow-ups. Do not accept delivery of a product you don't want just because they finally shipped it in panic. If you receive the mattress and it's defective or not what you ordered, you can still file a consumer complaint for replacement or refund under the Consumer Protection Act, 2019.
Advice in Such Cases
Civility in follow-ups works, but after a week of no response, you must escalate. Send one final email — clearly stating the deadline for dispatch — and if ignored, move to the chargeback and the NCH simultaneously.
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.
One more quick piece of advice: keep your communication professional and in writing. Phone calls are hard to prove. Emails and WhatsApp messages with proper screenshots are gold in chargeback and consumer disputes. And if the seller does not respond even after you've filed the chargeback and an NCH complaint, you can file a complaint before the District Consumer Disputes Redressal Commission. That step requires a lawyer with domain-specific experience in consumer law, as evidentiary nuances and procedural timelines are often missed by general practitioners.
Applicable Sections of Law
This case falls under the Consumer Protection Act, 2019 — a civil statute. The key sections include:
- Section 2(11) — defines "deficiency" in service, which includes failure to deliver goods within a reasonable time.
- Section 2(47) — defines "unfair trade practice," which covers false or misleading claims about delivery dates.
- Section 38 — empowers the District Consumer Disputes Redressal Commission to order replacement, refund, or compensation.
- Section 44 — covers the procedure for filing a complaint before the Consumer Fora.
For the chargeback itself, the governing rules are those of Mastercard/Visa and the RBI's circulars on electronic payment disputes. There is no specific statutory section for chargebacks; it's a contractual mechanism between the bank, the merchant, and the card network.
Limitation Period
Under the Limitation Act, 1963, complaints under the Consumer Protection Act, 2019 must be filed within two years from the date the cause of action arises. For a non-delivery case, the clock starts ticking from the date the seller failed to dispatch within a reasonable period. Here, 17 days after the order is well within limitation, so there's no urgency on that front. However, do not delay unnecessarily — the Limitation Act does not have a general condonation of delay provision for consumer complaints, varging on the forum's discretion.
Jurisdiction — Where to File the Case
Consumer complaints are filed based on territorial jurisdiction. You have three options:
- District Consumer Disputes Redressal Commission (DCDRC) — where the value of goods / service plus compensation claimed is up to ₹1 crore. Filing is at the district where the seller's registered office is located, or where the buyer resides.
- State Consumer Disputes Redressal Commission (SCDRC) — for claims above ₹1 crore but up to ₹10 crore.
- National Consumer Disputes Redressal Commission (NCDRC) — for claims exceeding ₹10 crore.
For a ₹8,322.67 mattress, the DCDRC in your city or the seller's city has jurisdiction. Jurisdiction matters because filing in the wrong forum leads to dismissal and wasted time.
Interim Reliefs Available
Under Section 38 of the Consumer Protection Act, 2019, the Consumer Fora can grant interim reliefs, though they are not as common as in civil courts. In a non-delivery case, the most relevant relief is a direction to the seller to deliver the goods or to refund the amount within a specified period. The DCDRC may also order the seller to pay compensation for mental harassment and litigation costs. But interim relief is not automatic — you need to show urgency and irreparable harm. In most cases, the chargeback is a faster and more practical interim solution than waiting for a court or forum order.
If You Are the Victim
- Do not cancel your chargeback unless you receive the goods in perfect condition and you are satisfied with them.
- File a complaint on the National Consumer Helpline (NCH) website or app — it's free and often resolves matters quickly through mediation.
- Keep a timeline log: every email sent, every call made, and every promise made by the seller.
- Do not accept delivery of a product that arrives after you've already secured a refund through chargeback — you may be accused of fraud if you keep both.
- If the seller's conduct is particularly brazen (e.g., they block your number or threaten you), file a police complaint under Section 420 IPC/316 BNS for cheating — though this is a longer route.
Documents You Must Keep Ready
- Order confirmation email or screenshot showing the date, amount, and seller name.
- Credit card statement showing the transaction.
- All emails exchanged with customer support and the escalation contact.
- Proof of the 48-hour ultimatum you sent (email or WhatsApp with timestamp).
- Bank statement showing the chargeback initiation (if filed).
- Any photographs or videos of the product if it arrives damaged or incorrect.
- Copy of your NCH complaint acknowledgment (if filed).
What Evidence Is Required?
- Primary evidence: The order confirmation and payment receipt — these are the core documents proving the contract.
- Secondary evidence: Emails and messages showing your follow-ups and the seller's responses (or lack thereof).
- Oral evidence: Your own testimony about the timeline and the seller's promises — admissible but less weighty than documentary proof.
- Electronic evidence: Screenshots of the seller's website showing delivery promises, and any tracking updates (or absence of them).
- Bank evidence: The chargeback dispute form and any communication from the bank about the process.
- Independent evidence: If you file an NCH complaint, the NCH's case record can be used in a consumer forum later.
How Courts Typically Approach Such Cases
Consumer Fora in India take a buyer-friendly approach in non-delivery cases. They start from the presumption that if payment was made, delivery is expected within a reasonable time. What constitutes "reasonable" varies — for a custom-made mattress, 2-3 weeks might be acceptable with proper communication. But 17 days with no dispatch and vague excuses? That's unreasonable. The forum will typically order either (a) delivery within a specified period, (b) a full refund with interest, or (c) compensation for mental agony. They also routinely award litigation costs of ₹5,000 to ₹10,000 against negligent sellers. The chargeback route is much faster, but if the seller disputes it, the forum route becomes your Plan B.
Timeline of Legal Process
- Step 1 — Chargeback initiation: 7-15 days for the bank to process and reverse the amount.
- Step 2 — NCH complaint: 10-20 days for conciliation by the NCH.
- Step 3 — Consumer complaint (if needed): Filing to first hearing takes 30-40 days; the entire case (if contested) can take 8-12 months.
- Step 4 — Evidence and arguments: Another 3-6 months.
- Step 5 — Judgment: Usually passed within 2-3 months of final arguments.
- Step 6 — Execution (if seller does not comply): Can take another 3-6 months.
Generally, non-delivery consumer cases are among the faster ones in the system, often resolved within 12-18 months from filing if contested.
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 in many non-delivery cases, settlement is the wisest option. If the seller is willing to deliver the product or refund the amount within a reasonable time, a compromise can save months of litigation. Under Section 89 of the CPC, courts can refer matters to mediation or Lok Adalat. For consumer cases specifically, the NCH is a robust pre-litigation settlement mechanism — if the seller cooperates, you can get a full refund without ever filing in a forum. However, if the seller is evasive or has a pattern of such behaviour, settlement may not be in your interest — you may want to pursue the matter to discourage the practice and claim compensation for mental harassment. In civil cases like this, a compromise deed executed between the parties can end the matter, which is then recorded by the forum.
Common Mistakes People Make
- Calling the seller repeatedly on the phone instead of sending written communication — phone calls are rarely admissible as evidence.
- Deleting emails or order confirmation screenshots that prove the contract and the timeline.
- Accepting delivery of a product after initiating a chargeback without informing the bank — this can be seen as an attempt to defraud.
- Posting grievances on social media before exhausting formal channels — this can sometimes work but can also antagonise the seller and complicate legal remedies.
- Engaging an advocate who does not regularly handle consumer disputes — the Consumer Protection Act has its own procedural rules under the Consumer Protection Rules, 2020. A general practitioner may miss the 30/45-day filing timelines for responses or fail to frame the complaint correctly under Section 38. Domain-specific experience ensures that the evidence is presented properly, the jurisdiction is correctly chosen, and the interim reliefs are sought effectively.
- Giving up after a single chargeback is rejected — chargebacks can be escalated, and a good lawyer can help you structure the dispute letter to the bank or approach the banking ombudsman if the bank itself is uncooperative.
FAQs People Normally Have
What if the seller says the mattress is "made to order" and needs 20-30 days?
That's fine — as long as the timeline was clearly disclosed at the time of purchase. If the seller mentioned a 15-day dispatch period and now says it's delayed due to operational issues, that's a breach of the contract. A made-to-order product still has a reasonable delivery timeline, and 17 days without even being dispatched crosses that line.
Will filing a chargeback affect my credit score?
No. A chargeback is a dispute mechanism, not a loan default. It does not appear on your credit report as a missed payment. However, if the bank finds your dispute was frivolous or if you try to keep both the refund and the goods, your relationship with that bank could sour.
Can I claim compensation for the time wasted and mental harassment?
Yes, you can claim compensation under Section 38(7) of the Consumer Protection Act, 2019. The amount depends on the facts — typically ₹5,000 to ₹15,000 for a non-delivery case — plus litigation costs. But you'll need to file a formal consumer complaint for this, not just a chargeback.
What if the seller files a police complaint against me for chargeback fraud?
That's extremely rare, and it would be baseless if you genuinely did not receive the product. If the seller does so, you have a strong defence using your written communication and the NCH complaint. In such a situation, you should immediately approach a criminal lawyer who can file for anticipatory bail if needed.
Can I get the chargeback reversed solely by filing an NCH complaint?
No. The chargeback and NCH complaint are independent. The NCH can mediate a settlement, but it cannot force the bank to reverse a chargeback. If you settle the dispute directly with the seller, you should inform your bank to cancel the ongoing chargeback.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India