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.
Rohan Gupta, a resident of Gomti Nagar, Lucknow, placed an order for a customised phone accessory through a popular Instagram-based brand called CraftNest India on 3rd March 2025. He'd ordered from them twice before without any trouble, so he had no reason to hesitate. The payment was made in full at checkout.
Weeks passed. Nothing arrived. Rohan sent WhatsApp messages, Instagram DMs, and even tried calling the brand's listed number. Each time he did get a reply, it was the same vague assurance: "your order will ship soon." That promise came and went at least five times. When he scrolled through the brand's Instagram comments, he found dozens of other customers complaining about the exact same issue — delayed shipments, ignored messages, and zero accountability. The brand, meanwhile, kept posting cheerfully on its social media as though everything was perfectly fine.
Rohan initially tried resolving this on his own. He also briefly consulted a general civil advocate who sent an informal email to the brand. That produced no result. It was only after he approached Advocate Sudhir Rao, who regularly handles consumer protection matters, that the situation changed. A formal legal notice was issued under the Consumer Protection Act, 2019, citing deficiency of service and unfair trade practice. The brand responded within days of receiving it. The matter was resolved with a full refund, without the need to proceed to the Consumer Disputes Redressal Commission. Rohan's experience is far from unique, and the legal remedies available are clear and accessible.
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 complaint, send a written legal notice to the seller via registered post or email, clearly stating the order details, payment proof, the repeated false assurances, and the specific relief you want — delivery or a full refund within a fixed deadline (typically 15 to 30 days). This notice itself often compels a resolution. And here's the thing — it also forms part of your evidence if you later file before the Consumer Forum.
Document Everything Immediately: Take screenshots of all order confirmations, payment receipts, chat conversations, DMs, and any public comments from other affected customers. Don't clean up your inbox thinking the matter is resolved informally.
File a Consumer Complaint If the Notice Is Ignored: Notice ignored? File without delay. Consumer matters of this type involve specific procedural requirements — the complaint must be structured correctly, the relief must be quantified, and the prayer must be precise. Frankly, this type of matter benefits significantly from an advocate who regularly handles consumer cases, because procedural and evidentiary gaps are often missed by those who practise primarily in other domains.
Applicable Sections of Law
This is a civil consumer matter. The following statutory provisions are directly applicable:
- Section 2(11), Consumer Protection Act, 2019 — defines "deficiency" in service, which includes inadequate, faulty, or imperfect service by a seller or service provider.
- Section 2(47), Consumer Protection Act, 2019 — defines "unfair trade practice," which includes making false representations about the time of delivery and misleading consumers repeatedly.
- Section 35, Consumer Protection Act, 2019 — governs filing of complaints before the District Consumer Disputes Redressal Commission.
- Section 73, Indian Contract Act, 1872 — entitles the aggrieved party to compensation for loss caused by breach of contract, which is exactly what non-delivery constitutes.
Jurisdiction — Where to File the Case
Jurisdiction isn't a technicality you can ignore. For consumer complaints in India, it's determined by pecuniary limits and territorial factors. Where the claim value (including compensation) is up to Rs. 50 lakhs, the complaint lies before the District Consumer Disputes Redressal Commission. For claims between Rs. 50 lakhs and Rs. 2 crores, it goes to the State Commission. Above Rs. 2 crores, the National Consumer Disputes Redressal Commission (NCDRC) has jurisdiction.
Territorially, the complaint can be filed where the complainant resides, where the opposite party (seller) carries on business, or where the cause of action arose. Now, before you act, get this right from the outset — a complaint filed in the wrong forum will be returned or dismissed, wasting both time and court fees.
Limitation Period
Under the Limitation Act, 1963, read with Section 69 of the Consumer Protection Act, 2019, a consumer complaint must be filed within two years from the date on which the cause of action arose. In a non-delivery case, that clock typically starts from the date the delivery was due or from the date the seller explicitly refused to deliver or refund.
Missing this window can be fatal to the complaint. So don't sit on this for too long waiting to resolve things informally. If you do miss the deadline, a condonation of delay application can be filed, but you'll need to show sufficient cause, and there's no guarantee the Commission will condone it.
Interim Reliefs Available
In consumer matters before the Commission, interim relief can be sought under Section 38(7) of the Consumer Protection Act, 2019, which empowers the Commission to issue interim orders during the pendency of a complaint. This is particularly useful where:
- The seller appears to be shutting operations or disappearing.
- There is a risk that the amount paid will be dissipated before the complaint is resolved.
- Multiple consumers are affected and a class-style interim order may be appropriate.
Where the matter also involves breach of a formal sale agreement, Order 39 Rule 1 of the Code of Civil Procedure, 1908 can be invoked in a civil suit for a temporary injunction restraining the opposite party from alienating assets. And here's why this matters — interim reliefs, sought promptly, can substantially strengthen your position in negotiations and before the Commission.
If You Are the Victim
- Preserve all evidence immediately — screenshots of orders, payment confirmations, chat logs, and any social media comments from other affected customers. Do this before you take any further steps.
- Send a written legal notice to the seller by registered post and email, specifying a deadline for delivery or refund and mentioning your intention to approach the Consumer Commission if not resolved.
- File a complaint with the National Consumer Helpline (NCH) at 1800-11-4000 — this is a free service and sometimes prompts a quick resolution from larger or registered sellers.
- File a complaint on the Consumer Online Resource and Empowerment Centre (CORE) portal or the Government's e-Daakhil platform for online Consumer Forum filings.
- If the seller continues to ignore, file a formal complaint before the District Consumer Disputes Redressal Commission — with the support of an advocate who handles consumer matters regularly.
Documents You Must Keep Ready
- Aadhaar Card and PAN Card (identity and address proof of complainant)
- Order confirmation email or screenshot from the seller's platform
- Payment receipt, bank statement, or UPI transaction record showing the amount paid
- Screenshots of all WhatsApp, Instagram, and email communications with the seller
- Screenshots of the seller's delivery promises ("ships soon" assurances)
- Screenshots of other customers' public complaints on social media (relevant to establish pattern of unfair trade practice)
- Copy of the legal notice sent to the seller and proof of dispatch (postal receipt or email delivery confirmation)
- Any refund policy or terms and conditions published on the seller's website or social media bio
What Evidence Is Required?
- Primary Evidence — Order and Payment Records: The order confirmation and payment receipt are your strongest documents. They establish the contract and the consideration paid.
- Communication Trail: All DMs, WhatsApp chats, and emails exchanged — especially the false assurances about shipping. These directly support the deficiency of service claim.
- Seller's Social Media Activity: Screenshots showing the brand actively posting content while ignoring customer complaints. Relevant to establish willful disregard.
- Third-party Complaints: Screenshots of other consumers' public complaints on the same seller's page can corroborate a pattern of unfair trade practice under Section 2(47) of the Consumer Protection Act, 2019.
- Legal Notice and Response (or non-response): Proof that you attempted to resolve before approaching the forum — strengthens your credibility before the Commission.
- Refund Policy / Terms: If the seller's own stated policy promised delivery within a certain period, that becomes a contractual commitment you can rely on.
How Courts Typically Approach Such Cases
Consumer Commissions in India generally take a buyer-friendly approach in straightforward non-delivery cases where payment has been made and delivery hasn't followed. The burden of proving that services were rendered, or that the delay was beyond their control, typically falls on the opposite party — the seller. Commissions have consistently held, as in Lucknow Development Authority v. M.K. Gupta, (1994) 1 SCC 243, that public bodies and traders can't escape liability through vague procedural defences. Where a pattern of complaints from multiple consumers is demonstrated, Commissions have also taken a more serious view of the unfair trade practice angle. Make no mistake — expect the process to move faster if your documentation is clean and your notice was properly served.
Timeline of Legal Process
- Week 1-2: Gather all evidence. Draft and send a formal legal notice to the seller (registered post and email).
- Week 3-4: Await response from the seller within the notice period (15-30 days).
- Week 5-6: If no satisfactory response, draft and file the consumer complaint before the District Consumer Disputes Redressal Commission — typically a 2-4 day process with your advocate.
- Week 7-10: Commission admits the complaint and issues notice to the opposite party (seller). Response/written statement due from seller within 30-45 days.
- Month 3-5: Evidence affidavits filed by both sides. Commission may attempt mediation at this stage under Section 37 of the Consumer Protection Act, 2019.
- Month 5-8: Arguments heard. Commission passes its order, awarding refund, compensation, and litigation costs if merits are established.
- If appeal needed: State Commission appellate jurisdiction within 45 days of the District Commission's 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. In most straightforward non-delivery cases like this, settlement is genuinely the fastest path to resolution. A well-drafted legal notice alone often produces results because sellers — especially small Instagram-based brands — are acutely aware of the reputational and operational cost of a formal consumer complaint.
If the notice doesn't work, once the complaint is filed, the Commission is empowered under Section 37 of the Consumer Protection Act, 2019 to refer the matter for mediation. Mediation conducted through Consumer Mediation Cells attached to the Commissions has a reasonable success rate for clear-cut cases involving payment and non-delivery. A settlement here means faster money back in your account. Where both parties agree, a compromise deed is drawn up and placed before the Commission for acceptance, closing the matter formally. Make no mistake — settlement without the Commission's recorded order can leave you exposed if the seller defaults again.
Common Mistakes People Make
- Waiting too long hoping it resolves on its own: Every week of silence gives the seller more time to become unreachable. Act promptly once the seller has missed the promised delivery date more than once.
- Accepting verbal or informal assurances without documenting them: Every "it'll ship tomorrow" message must be saved. Screenshots taken in the moment are far more reliable than ones you try to recover later.
- Sending angry messages instead of a formal notice: Venting on WhatsApp or Instagram comments feels satisfying but carries no legal weight. A proper legal notice through an advocate is what creates legal consequences for the seller.
- Filing in the wrong forum: A complaint filed before the wrong Commission