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: If a seller takes your money, issues a GST invoice, and then disappears without delivering goods or issuing a refund, you have strong remedies under the Consumer Protection Act, 2019. The consumer forum can order refund with compensation, and criminal complaints for cheating can also be filed. Keep all evidence — invoices, bank receipts, WhatsApp chats — and act fast, as limitation periods apply.
Ravi Verma, a resident of Rohini, Delhi, found himself in a nightmare after ordering solar panels from a company called GreenGrid Energy Solutions in early March 2025. He paid ₹1.3 lakh via bank transfer after receiving a detailed GST invoice and product specifications on 8 March 2025. The company promised dispatch through Ecom Express with insurance within a week.
Nothing came. Ravi waited. Then the excuses started — "logistics issue," "warehouse delay," "refund being processed." Each deadline passed. By late March, the company's phone number was disconnected. The WhatsApp account of the sales representative, whom Ravi had spoken with, was deleted entirely. No product. No refund. No response.
At this point, Ravi's earlier attempts through emails and calls had failed completely. He then approached the Chamber of Advocate Sudhir Rao. The office reviewed the evidence — every invoice, every bank statement, every WhatsApp screenshot. Advocate Sudhir Rao and his office argued the matter with a clear focus on the Consumer Protection Act's strict liability provisions for service deficiency and unfair trade practice. The result? The District Consumer Disputes Redressal Forum in Delhi ordered GreenGrid Energy Solutions to refund the full amount along with 12% interest from the date of payment and ₹50,000 in compensation for mental harassment. The key? Ravi had acted fast, preserved all evidence, and instructed advocates who understand exactly how consumer forums evaluate these cases — it makes a real difference.
Key Facts of the Case
- Ravi Verma paid ₹1.3 lakh for solar panels via bank transfer to GreenGrid Energy Solutions on 8 March 2025.
- The company issued a valid GST invoice and GST e-invoice with detailed product specifications.
- No goods were dispatched; refund promises were repeatedly broken.
- The company's contact number changed and the representative's WhatsApp account was deleted.
- Ravi preserved all evidence: invoices, bank statements, emails, and WhatsApp screenshots.
- He filed a consumer complaint under the Consumer Protection Act, 2019 through the e-jagriti portal.
- Advocate Sudhir Rao's office argued the case, securing full refund with interest and compensation.
- The District Consumer Forum in Delhi had jurisdiction as Ravi resided in Delhi and the transaction was concluded via online payment to a Delhi-registered vendor.
The Direct Legal Answer
What can I do if a seller takes payment and disappears?
Start with a legal notice. Send a formal notice to the company's last known address and email demanding refund within 15 days. If that fails, file a consumer complaint before the District Consumer Disputes Redressal Forum under Section 34 of the Consumer Protection Act, 2019. You can do this online through the e-jagriti portal. The forum can order refund with up to 18% interest, compensation for mental agony, and costs.
Can I file a criminal case for cheating?
Yes. Taking payment without any intention to deliver goods constitutes cheating under Section 318 of the Bharatiya Nyaya Sanhita, 2023. You can file an FIR at the police station with territorial jurisdiction where the payment was made or where the company is registered. However, consumer forum remedies are often faster and more effective for such cases.
What if the seller's GST number turns out to be fake?
If the GST invoice shows a fake GSTIN, that strengthens your case — it demonstrates clear fraudulent intent. You can report this to the GST authorities and your police complaint. The consumer forum will still hear your case; the seller's liability under the Consumer Protection Act is not dependent on a valid GST registration.
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.
Do not wait. Contacting a lawyer early — before the seller completely disappears — can preserve crucial digital evidence. Send a formal legal notice immediately. File your consumer complaint through the e-jagriti portal within two years of the date when the refund was refused or the delivery was due. These cases involve specific procedural nuances under the Consumer Protection Act — for instance, how to establish "unfair trade practice" and "deficiency in service" with documentary proof. An advocate who handles consumer matters regularly will know exactly how to frame the complaint, which forum to approach based on the amount in question, and how to push for a quick hearing.
Applicable Sections of Law
- Section 34 of the Consumer Protection Act, 2019: Allows filing of complaints before the District Consumer Disputes Redressal Forum for unfair trade practices or deficient services.
- Section 2(47) of the Consumer Protection Act, 2019: Defines "unfair trade practice" — includes misleading advertisements, false promises, and failure to deliver goods or services.
- Section 318 of the Bharatiya Nyaya Sanhita, 2023: Cheating — whoever, by deceiving any person, fraudulently or dishonestly induces that person to deliver any property, is punishable with imprisonment up to 7 years and fine.
- Section 10 of the Indian Contract Act, 1872: Establishes that a contract for sale with free consent, lawful consideration, and lawful object is valid — non-delivery after payment is a clear breach of contract.
Punishment and Penalties
- Under Section 318 BNS: Imprisonment up to 7 years, fine, or both.
- Under the Consumer Protection Act: No criminal imprisonment, but the forum can order refund with up to 18% interest, compensation up to ₹1 lakh for mental harassment, and costs.
- Cognizable or Non-cognizable: Cheating under Section 318 BNS is generally cognizable — police can arrest without warrant.
- Bailable or Non-bailable: Cheating under Section 318 BNS is bailable.
- Compoundable or Non-compoundable: It is compoundable only with the permission of the court.
Jurisdiction — Where to File the Case
For a consumer complaint, you file before the District Consumer Disputes Redressal Forum where the seller's registered office is located or where you reside. For matters involving amounts up to ₹50 lakh, the District Forum has jurisdiction; for amounts between ₹50 lakh and ₹2 crore, the State Commission; and above ₹2 crore, the National Commission. For a criminal complaint, file an FIR at the police station with territorial jurisdiction over the place where the payment was made or where the seller's business address is located. Getting jurisdiction right matters — filing in the wrong forum wastes time and money.
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. In this case, the cause of action arises when the refund was wrongfully refused or when the delivery deadline was breached. Missing this deadline can be fatal. However, the forum may condone delay if you can show sufficient cause. Do not delay — limitation clocks tick fast.
Interim Reliefs Available
In consumer matters, you can seek interim orders for preservation of evidence — like directing the seller to maintain records or not to dispose of assets. However, consumer forums generally do not grant attachment before judgment except in rare cases. In civil suits for recovery, you can apply for attachment before judgment under Order 38 of the Code of Civil Procedure, 1908, if you can show the seller is about to remove or dispose of assets. That's why acting early matters — the more time the seller has, the harder recovery becomes.
If You Are the Victim
- Gather and preserve all documents: GST invoice, GST e-invoice, bank transfer receipt, emails, WhatsApp chats — screenshot everything.
- Send a formal legal notice to the seller by registered post and email, demanding refund within 15 days.
- File a consumer complaint through the e-jagriti portal (consumeronline.nic.in) within two years.
- Report the seller to the police for cheating under Section 318 BNS — even if the police are slow, an FIR record helps your consumer case.
- Report the GST number to the GST authorities if you suspect it is fake — they can investigate.
Documents You Must Keep Ready
- GST invoice and GST e-invoice issued by the seller.
- Bank transfer receipt or bank statement showing payment.
- Emails exchanged with the seller regarding delivery and refund.
- WhatsApp chat screenshots (full conversation, not just snippets).
- Product specifications and any advertisements or screenshots of the website.
- Aadhaar card or PAN card as identity proof.
- Copy of the legal notice sent to the seller.
- Any other communication — letters, call recordings, or messages — showing the seller's conduct.
What Evidence Is Required?
- Primary evidence: Original bank statements showing the debit transaction, original GST invoice, and original emails.
- Secondary evidence: WhatsApp screenshots (certified by an affidavit), printed email copies, and CCTV footage if any.
- Documentary proof of fraud: Evidence showing the seller's phone number changed, WhatsApp deleted, or address was fake.
- Witness testimony: Your own affidavit, and any other person who dealt with the seller.
- Expert evidence: Not usually required for consumer cases unless technical issues arise.
- Digital evidence: Any metadata from WhatsApp or email headers that shows when messages were exchanged.
- Corroborating evidence: Proof that others have faced similar issues — online reviews, forum posts, or complaints to the same authorities.
How Courts Typically Approach Such Cases
Consumer forums are relatively quick and pro-consumer. They do not require high court fees. The forum's approach is to examine three things: (1) whether a valid transaction occurred (payment and invoice), (2) whether delivery was promised and not fulfilled, and (3) whether the seller's conduct amounts to unfair trade practice or deficiency in service. Evidence of the seller going silent or changing contact details heavily weighs against them. Courts may also view the issuance of a GST invoice as an admission of a valid business transaction — making it harder for the seller to deny liability later.
Timeline of Legal Process
- Step 1 — Legal Notice: 15 to 30 days for the seller to respond.
- Step 2 — Filing Consumer Complaint: Through e-jagriti portal, can be done in a day; fee is minimal.
- Step 3 — Admission and Notice: Forum issues notice to seller — typically 30-45 days.
- Step 4 — Written Statement: Seller gets 30-45 days to file its response.
- Step 5 — Evidence and Arguments: 2-4 hearings over 3-6 months.
- Step 6 — Judgment: Usually rendered within 12-18 months from filing for straightforward cases.
- Step 7 — Appeal: To State Commission within 45 days of the order.
- Step 8 — Execution: If seller does not comply, file execution petition — this can take additional 6-12 months.
How Long Will the Investigation Take?
- Police investigation: Usually 60-90 days for a cheating complaint where the seller is traceable. If the seller has vanished, it may take longer.
- Chargesheet: Normally filed within 6 months from FIR registration.
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. Before or even after filing a consumer complaint, the parties can settle. Mediation is available under Section 80 of the Consumer Protection Act, 2019. If you reach a settlement — full refund plus some compensation — the forum can record the compromise and close the matter. In criminal cases under Section 318 BNS, the offence is compoundable with court permission, so a settlement can lead to the FIR being quashed. However, be cautious — if the seller has a pattern of fraud, settling with one victim may not prevent them from defrauding others. Settlement is advisable only when you recover your full amount and costs.
Common Mistakes People Make
- Delaying action: Waiting too long to send a notice or file a complaint — limitation is only two years.
- Not preserving evidence: Deleting WhatsApp chats or losing bank statements — courts rely heavily on documentary proof.
- Paying more after initial loss: Some sellers extract additional payments as "tax" or "insurance" — this is a common scam pattern. Stop all payments.
- Engaging a lawyer without relevant experience: A general practitioner may not know how consumer forums assess evidence of unfair trade practices or how to frame a complaint to trigger fast relief. An advocate who regularly handles consumer matters understands the procedural shortcuts, the evidentiary standards, and the e-jagriti portal's nuances — this directly affects how quickly and strongly your case proceeds.
- Posting on social media before filing a case: While venting may feel good, it can alert the seller to destroy evidence or disappear. Lodge your case first.
- Not reporting to GST authorities: If the GST invoice is fake, reporting it can help block the seller's GSTIN and prevent further fraud.
FAQs People Normally Have
Can I file a consumer complaint if the seller is not registered with GST?
Yes. GST registration is not a prerequisite for filing a consumer complaint. The Consumer Protection Act applies to all goods and services purchased for personal use, regardless of the seller's tax registration status.
What if the seller's address turns out to be fake?
This makes enforcement harder but not impossible. You can name the individual (the person who communicated with you) as a respondent. The court can also order the internet service provider or payment gateway to reveal details. Filing a police complaint becomes more important in such cases.
How long does a consumer forum case take?
Simple cases often take 6-12 months for judgment. Execution (recovering the money) may take another 6-12 months if the seller resists. Cases where the seller has vanished may take longer.
Can I claim compensation for mental harassment?
Yes. Consumer forums regularly award compensation for mental agony, harassment, and inconvenience caused by unfair trade practices. Amounts vary — from ₹10,000 to ₹1,00,000 depending on the facts.
Should I file a criminal case or a consumer complaint first?
Both can run in parallel. Consumer remedies are faster for recovering money, while criminal FIR creates pressure and may lead to arrest. In practice, filing both strengthens your position. But do not delay either — limitation applies to both.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India
Facing a similar matter? Speak to a Delhi criminal defence lawyer — Advocate Sudhir Rao appears in bail, trial and appellate matters before the Delhi District Courts, the Delhi High Court and the Supreme Court of India.