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 seventeen-year-old from Gomti Nagar, Lucknow, ordered a musical keyboard worth ₹6,799 from Myntra's electronics section in late March 2025. The order was marked "Delivered" on the platform's tracking page, yet no delivery executive had called him, knocked on his door, or left any notice. The item simply never arrived.
Rohan contacted Myntra's customer support immediately. They asked him to wait seven days for an internal investigation. He agreed. After seven days, he received a message stating the order had been "successfully delivered as per logistics records" and the chat was closed. Further attempts to reopen the complaint were refused. Frustrated and at a loss, he registered a complaint on the National Consumer Helpline portal around 2 April 2025. But the portal response was slow, and Rohan's family began worrying the matter would go nowhere.
That's when his uncle brought him to Advocate Sudhir Rao's office. Earlier attempts through customer support and the NCH portal alone had not produced any resolution. A focused consumer law approach was then adopted — a formal legal notice was sent to Myntra's registered office under the Consumer Protection Act, 2019, followed by a complaint before the District Consumer Disputes Redressal Commission. The company, faced with a properly framed legal complaint, promptly processed a full refund along with compensation for harassment. The matter was resolved without the need for protracted hearings.
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 written legal notice to the e-commerce company's registered address. This notice creates a paper trail and often prompts companies to settle quickly to avoid Commission proceedings.
Preserve All Digital Evidence Immediately: Screenshot every chat conversation, every email, every tracking page update. Don't wait. Screenshots disappear when accounts are deactivated or chat histories are purged after a set period.
Register Complaints on Multiple Channels: File on the National Consumer Helpline (NCH) at 1915, on the e-Daakhil portal for online consumer complaints, and send a written complaint to the company's nodal officer. Each channel creates an independent record.
Consumer disputes of this kind — especially involving e-commerce logistics and "false delivery" claims — have specific procedural requirements under the Consumer Protection Act, 2019 and the E-Commerce Rules, 2020 that a general practitioner may not be fully across. And here's the thing: advocates who regularly appear before consumer forums understand exactly how to frame deficiency-of-service arguments and what evidence the Commission typically wants to see, which can meaningfully shorten how long this whole thing takes.
Applicable Sections of Law
- Section 2(11) — Consumer Protection Act, 2019: Defines "deficiency" to include any fault, imperfection, or shortcoming in service — a false delivery mark squarely falls here.
- Section 2(47) — Consumer Protection Act, 2019: Defines "unfair trade practice," which includes misleading delivery confirmations and false representations about order fulfilment.
- Section 34 — Consumer Protection Act, 2019: Confers jurisdiction on the District Consumer Disputes Redressal Commission for complaints where the value of goods and compensation claimed does not exceed ₹50 lakhs.
- Rule 6 — Consumer Protection (E-Commerce) Rules, 2020: Imposes obligations on e-commerce entities to ensure accurate delivery information and timely grievance redressal, with a mandatory grievance officer whose details must be publicly displayed.
Jurisdiction — Where to File the Case
For a consumer complaint of this nature, the appropriate forum is the District Consumer Disputes Redressal Commission (DCDRC) in the district where the complainant resides, or where the e-commerce company's branch office is located, or where the cause of action arose. Since the claim value here is well below ₹50 lakhs, the DCDRC has full pecuniary jurisdiction under Section 34 of the Consumer Protection Act, 2019. Now, before you act, get jurisdiction right from the outset — a complaint filed before the wrong forum will be returned, wasting time and potentially affecting limitation.
Limitation Period
Two years. That's your window.
Under Article 137 of 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. Here, the clock starts from the date the delivery was falsely marked or from the date the company finally refused to resolve the complaint, whichever is later. Missing this window is fatal to the complaint. Condonation of delay is available under Section 69(2) if sufficient cause is shown, but relying on that is risky — file within time.
Interim Reliefs Available
Consumer Commissions are empowered under Section 38(7) of the Consumer Protection Act, 2019 to pass interim orders where necessary. In cases involving e-commerce platforms, a complainant can seek:
- A direction restraining the company from closing or deleting the complainant's account or order history during proceedings.
- A status quo order preserving all delivery and logistics records held by the platform.
- An interim direction for provisional refund pending final hearing, particularly where financial hardship is demonstrated.
Frankly, securing interim relief early is one of the smartest moves you can make. It protects evidence and prevents the opposite party from destroying digital records that are central to the case.
If You Are the Victim
- Act immediately. Take screenshots of the delivery confirmation, tracking page, and all chat transcripts the same day you discover the problem.
- File a complaint through the company's official grievance officer (whose name and contact must be published under the E-Commerce Rules, 2020) and obtain a complaint reference number in writing.
- Register your complaint on the e-Daakhil portal (edaakhil.nic.in) — this is the official online filing platform for consumer cases and creates a timestamped record.
- Send a formal legal notice via registered post with acknowledgement due to the company's registered office, giving them fifteen days to respond and resolve.
- If no resolution follows, file a formal complaint before the District Consumer Disputes Redressal Commission in your district.
Documents You Must Keep Ready
- Aadhaar card or PAN card as proof of identity
- Order confirmation email and order ID
- Payment receipt, bank statement, or UPI transaction screenshot showing the amount paid
- Screenshots of the delivery tracking page showing "Delivered" status
- All customer support chat transcripts and email exchanges
- NCH complaint reference number and any response received
- Copy of the legal notice sent and postal acknowledgement receipt
- Any CCTV footage from your building or locality showing no delivery was made on the stated date
What Evidence Is Required?
- Order and payment records (primary): The order confirmation email and payment transaction record establish that a valid contract of sale existed and consideration was paid.
- Tracking screenshots (primary): The platform's own tracking page showing "Delivered" status, with date and time stamp, is direct evidence of the false delivery claim.
- Customer support transcripts (primary): Chat and email records showing the company's refusal to investigate or refund constitute evidence of deficiency of service.
- CCTV footage (secondary): Building or society camera footage from the date of supposed delivery can corroborate non-receipt.
- Neighbour or security guard statements (secondary): Affidavits from building staff confirming no delivery was made can be filed as supporting evidence.
- Delivery executive's call log absence: Your phone's call records showing no incoming call from an unknown number on the delivery date strengthens the case.
How Courts Typically Approach Such Cases
Consumer Commissions in India have become significantly more familiar with false-delivery complaints against e-commerce platforms over the last three years. Make no mistake, this isn't unfamiliar territory for them anymore. In cases like Deepak Kumar v. Flipkart Internet Pvt. Ltd., 2022 (DCDRC, Delhi), the Commission held that a platform can't rely solely on its internal logistics data when a consumer provides credible contrary evidence. The standard approach is to call for the logistics partner's delivery manifest and the delivery executive's statement. Commissions generally take a pro-consumer stance where the company can't produce the recipient's signature or OTP confirmation of delivery, and have routinely awarded refunds plus compensation for mental harassment.
Timeline of Legal Process
- Week 1-2: Send legal notice to the e-commerce company's registered office via registered post.
- Week 2-3: If no satisfactory response, file consumer complaint on e-Daakhil portal and before the DCDRC. Court fee for claims up to ₹10,000 is ₹100.
- Week 4-6: Commission issues notice to the opposite party (the company) and sets a first hearing date.
- Month 2-3: Opposite party files written version (reply). Parties may be referred to mediation under Section 37 of the Consumer Protection Act, 2019.
- Month 3-5: Evidence affidavits filed by both sides. Commission may call for documents from the logistics partner.
- Month 5-7: Arguments heard.
- Month 7-9: Order pronounced. If favourable, the company must comply within thirty days or face execution proceedings.
- Appeal (if needed): Either party may appeal to the State Consumer Disputes Redressal Commission within thirty days of the 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 in most e-commerce delivery disputes, settlement is both common and advisable. Once a properly drafted legal notice lands on their desk, companies frequently offer full refunds to avoid Commission proceedings, which involve management time and public records. If the complaint has already been filed, the Consumer Protection Act, 2019 provides for mandatory mediation under Section 37 before substantive hearings begin. Disputes can also be referred to a Lok Adalat under the Legal Services Authorities Act, 1987 — awards passed by Lok Adalats are deemed decrees of civil courts and are not appealable, making them final and quick. Settlement at notice stage is the fastest resolution path for smaller-value disputes like this one.
Common Mistakes People Make
- Delaying action: Many consumers wait weeks hoping the company will resolve it on its own. Every day of delay reduces the strength of your evidence and, in extreme cases, can push you closer to the limitation period.
- Not preserving screenshots immediately: Chat histories on apps are often auto-deleted after thirty days. If you don't screenshot them in time, your primary evidence is gone.
- Relying only on phone calls to customer support: Phone calls leave no paper trail. Always follow up in writing, via email or the app's chat, so there is a documented record of every communication.
- Posting details publicly on social media before filing: Venting on Twitter or Instagram before legal proceedings can complicate matters — the company's legal team may use such posts to argue inconsistencies in your account.
- Not sending a formal legal notice before filing: Skipping the notice stage removes a significant opportunity for pre-litigation settlement, and some Commissions do consider whether a notice was sent when assessing compensation.
- Engaging an advocate without consumer law experience: Consumer Commission proceedings have specific procedural rules around evidence affidavits, mediation timelines, and the framing of "deficiency of service" under the Consumer Protection Act, 2019. An advocate who doesn't regularly appear before consumer forums may miss procedural steps or fail to lead the right evidence, which can delay or weaken the case. Domain-specific experience in consumer disputes typically leads to better-framed complaints and faster outcomes.
Advocate Sudhir Rao, Supreme Court of India