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.
Priya Nair, a final-year law student from Gomti Nagar, Lucknow, walked into our office in late February 2025 with her mother, Kamala Nair. The two had placed separate orders on two small clothing websites — "StyleKraft" and "DesiThreads4U" — both hosted through a common Indian e-commerce enablement platform. Total amount lost: approximately Rs. 2,600, paid partly by Priya through a UPI transfer and partly by Kamala via cash on delivery.
What arrived was nothing like what had been advertised. When they tried to raise return or refund requests, there was no functioning customer support number on the seller websites, no live chat, no email that ever wrote back. The platform hosting these stores did nothing visible. Priya had already filed a complaint on the National Consumer Helpline (NCH) portal, but it was closed after the merchant gave no response — a deeply frustrating outcome that left the family with no remedy in sight.
Priya, despite her legal education, found that general consumer law theory and actual procedural strategy in such cases don't always align. She came to Advocate Sudhir Rao after reading about his experience handling e-commerce fraud and consumer protection matters. The matter was pursued before the District Consumer Disputes Redressal Commission in Lucknow under the Consumer Protection Act, 2019, with a formal complaint against both the fraudulent merchants and the platform as a party facilitating unverified sellers. A legal notice was also dispatched to the platform's registered address in Pune. Within a few weeks of this structured approach — combining the consumer complaint, a formal grievance escalation to the platform under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, and a complaint to the Cyber Crime portal — the matter gained traction that the NCH route alone had failed to achieve.
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.
File on the Cyber Crime Portal immediately: Visit cybercrime.gov.in and register the complaint under the "Financial Fraud" category. Attach screenshots of the order, payment proof, and all communication attempts. Don't wait.
Send a Legal Notice to both the merchant and the platform: A formal legal notice under the Consumer Protection Act, 2019 puts both parties on record and creates a paper trail that courts and commissions take seriously. Do this before filing any complaint in court.
And here's the thing — e-commerce fraud cases involve layered liability. The fraudulent seller, the platform, and the payment gateway can each be proceeded against differently, and an advocate who regularly handles consumer protection and cyber fraud matters will know which forum to approach, in what sequence, and what interim relief to seek. A general practitioner may not be fully familiar with these procedural and evidentiary distinctions. That gap can affect both the speed and the outcome of your case.
Applicable Sections of Law
This matter is a mixed case — primarily civil/consumer in nature, with criminal dimensions involving cheating and fraud.
- Section 318 BNS (Cheating): Where a seller deliberately delivers a different product than advertised, it constitutes cheating. A police complaint or private complaint before a Magistrate is maintainable.
- Section 61, Consumer Protection Act, 2019: Prohibits unfair trade practices, including misleading advertisements and false product descriptions by sellers on e-commerce platforms.
- Rule 4 and Rule 6, IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021: Mandate that e-commerce intermediaries exercise due diligence regarding unverified or fraudulent sellers on their platforms.
- Section 2(47), Consumer Protection Act, 2019: Defines "unfair contract" and "unfair trade practice" — both squarely applicable when a seller refuses refunds and cuts off all contact post-delivery.
Punishment and Penalties
Since there is a criminal dimension under Section 318 BNS:
- Section 318 BNS (Cheating): Imprisonment up to 3 years, or fine, or both. Where the cheating involves delivery of a different product with dishonest intent, the offence is clearly made out.
- Section 319 BNS (Cheating by Personation): Imprisonment up to 5 years, or fine, or both — applicable if the seller operated under a false or fictitious identity.
- Cognizable and bailable nature for Section 318 BNS in its basic form.
- Compoundable with the permission of the court under BNSS, meaning settlement between parties can lead to closure.
Frankly, most small-value online fraud victims don't realise the criminal route exists at all. It does, and sometimes the mere filing of a complaint under Section 318 BNS moves things faster than anything else.
Jurisdiction — Where to File the Case
Forum choice matters. A lot.
For the consumer complaint, the appropriate forum is the District Consumer Disputes Redressal Commission (DCDRC) at the complainant's place of residence or where the cause of action arose — in this instance, Lucknow. The Consumer Protection Act, 2019 expressly allows consumers to file at their own location, which is a significant advantage.
For the criminal complaint under Section 318 BNS, the complaint must be filed at the cyber crime police station or the territorial police station covering the complainant's address. Filing in the wrong forum wastes critical time and can result in technical dismissal. Now, before you act, get this jurisdictional question right — ideally with a lawyer's guidance.
Limitation Period
Under the Limitation Act, 1963, a consumer complaint must ordinarily be filed within two years from the date the cause of action arises — i.e., from when the defective or wrong product was delivered, or from the date the refund was first refused.
Miss this window and you could lose the case entirely. The Consumer Protection Act, 2019 does allow for condonation of delay if the complainant can demonstrate sufficient cause, but courts apply this provision cautiously. Act promptly. Every day of delay weakens your position, particularly when the fraudulent website may go offline and take all evidence with it.
Interim Reliefs Available
In consumer matters before the DCDRC, the commission may pass interim orders under Section 38(7) of the Consumer Protection Act, 2019, directing the opposite party to maintain the status quo or refrain from deleting order records and communications.
Where the platform is joined as a party, a direction can be sought to preserve seller account data and transaction logs, which are otherwise routinely purged. Under Order 39 Rule 1 of the CPC (applicable by analogy in civil proceedings), temporary injunctions restraining the fraudulent merchant from continuing to sell can be sought before the appropriate civil court if a separate civil suit for money recovery is filed. Securing such reliefs early significantly improves the evidentiary position. Don't overlook this step.
If You Are the Victim
- Preserve all evidence immediately: Take screenshots of the product listing, your order confirmation, payment receipt, the delivered product, all chat messages, and any emails. Do this before the website goes offline.
- File on cybercrime.gov.in: Register under "Financial Fraud." Note your complaint number and track it actively.
- Send a formal legal notice: Address it to the seller (using their website's "Contact Us" or WHOIS registered address) and to the platform's registered office. Preserve the courier acknowledgment.
- File a complaint before the DCDRC: Approach the District Consumer Disputes Redressal Commission at your location with all documents.
- Escalate to the platform's grievance officer: Under the IT Rules, 2021, major platforms are required to appoint a Grievance Officer. File a formal complaint there and preserve acknowledgment.
Documents You Must Keep Ready
- Aadhaar card and PAN card (identity proof of complainant)
- Order confirmation email or SMS
- Payment receipt — UPI transaction ID, bank statement, or cash-on-delivery delivery slip
- Screenshots of the product listing and description at time of order
- Photographs of the product actually received
- Screenshots of all communication attempts with the seller (WhatsApp, email, contact form)
- NCH complaint acknowledgment and closure notice
- Cybercrime portal complaint acknowledgment number
What Evidence Is Required?
- Primary evidence — documentary: Order confirmation, payment proof, and product listing screenshots form the core. These establish the contract and its breach.
- Photographic evidence: Clear photographs of the incorrect product received, ideally with the packaging and delivery label visible.
- Digital footprint: Website URL, WHOIS data showing the seller's registration details, cached pages of the product listing.
- Communication records: All attempts to contact the seller — emails, messages, call logs — establishing that no refund or remedy was offered.
- NCH/Cybercrime records: Complaint reference numbers and any official responses, to demonstrate prior attempts at resolution.
- Platform's Grievance Officer correspondence: Written record of escalation to the hosting platform and their response or non-response.
How Courts Typically Approach Such Cases
Consumer commissions take these complaints seriously. Post the Consumer Protection Act, 2019, e-commerce entities are explicitly within its ambit, and commissions have been relatively active in this space. That said, they do scrutinise whether the complainant made reasonable attempts to resolve the matter before approaching the forum. A clean paper trail of prior complaints — NCH, cybercrime portal, legal notice — significantly strengthens the commission's confidence in your case.
Where the seller is unresponsive, the commission typically proceeds ex-parte after proper service and awards the refund amount along with compensation for mental agony and litigation costs. Make no mistake, that compensation for mental agony is real money — commissions don't treat it as a formality in clear fraud cases.
Timeline of Legal Process
- Week 1-2: Gather evidence, send legal notice, file cybercrime complaint. Estimated time: 1 to 2 weeks.
- Week 3-4: Draft and file consumer complaint before DCDRC. Pay nominal court fee. Estimated time: 1 week to prepare, filing on the same day.
- Month 1-2: Commission issues notice to opposite parties. Service of notice attempted.
- Month 2-4: Opposite party files reply (or proceeds ex-parte if no response). Written arguments exchanged.
- Month 4-6: Oral hearing and evidence stage before the commission.
- Month 6-9: Final arguments and order. DCDRC is directed to dispose of complaints within 3 months of filing per the Act, though in practice timelines vary.
- Post-order: If not complied with, execution petition filed. Appeal lies to the 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?
Often, yes. In many small-value e-commerce fraud matters, a well-drafted legal notice alone prompts the platform or merchant to offer a refund quickly, simply to avoid the reputational and administrative cost of a commission proceeding.
Consumer complaints filed before the DCDRC can be referred to mediation under Section 37 of the Consumer Protection Act, 2019, and this is increasingly encouraged by commissions. Lok Adalats are also available for pre-litigation settlements and for matters already pending — awards passed by Lok Adalats are final and binding, with no court fee payable. Where the criminal dimension under Section 318 BNS is invoked, the offence is compoundable with court permission, meaning a private settlement between the parties can lead to compounding. Settlement is advisable where a full and fair refund is offered promptly.
Common Mistakes People Make
- Delaying action: Many victims wait weeks hoping the seller will respond. Every delay risks the website going dark, evidence disappearing, and limitation periods ticking away.
- Relying solely on the NCH portal: The NCH is a grievance redressal helpline, not a