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 you received a completely wrong product through an EMI financing scheme and the platform hasn't resolved it for months, you have strong legal rights. You can demand full EMI cancellation, compensation, and credit score correction. The Consumer Protection (E-Commerce) Rules, 2020 mandate resolution within one month. Escalate to the National Consumer Helpline and consumer forum for quick relief.
The client was a software professional from Indore. In early April 2025, he ordered a high-quality whey protein supplement through Zomato's grocery delivery service, financed via a Bajaj Finserv EMI option. But when the package arrived — it contained a 2 kg packet of plain table salt instead. He immediately raised a complaint. Photos were sent. Proof was submitted. And then — silence. For over three months, the only replies were automated: "Wait 3–5 business days." Once, he even received an email saying his issue was "resolved." It wasn't. The EMI remained active in the Bajaj Finserv app. Calls went nowhere. His CIBIL score started taking a hit because the EMI showed as unpaid. Frustrated doesn't begin to cover it. He approached the Chamber of Advocate Sudhir Rao after a friend recommended specialised consumer litigation. The earlier emails to Zomato's grievance officer had produced nothing. The client now wanted just three things: order cancellation, EMI closure, and CIBIL correction. Advocate Sudhir Rao and his office reviewed the entire chain of evidence and the company's responses. Using the Consumer Protection (E-Commerce) Rules, 2020 — specifically Rule 4(5) which mandates complaint resolution within one month — a final legal notice was drafted. The expertise in e-commerce disputes made all the difference. Within 15 days of the notice, Zomato's legal team agreed to cancel the order, close all EMIs, and instruct Bajaj Finserv to correct the credit reporting. The matter was resolved without entering the consumer forum.Key Facts of the Case
- The client ordered a specific health supplement but received an entirely different, worthless product.
- Immediate complaint was raised with photo evidence, but the platform gave only automated responses for 3+ months.
- The EMI financing partner (Bajaj Finserv) continued to show the EMI as due, affecting the client's CIBIL score.
- The platform's grievance officer failed to resolve the matter within the 1-month timeline mandated by Rule 4(5) of the Consumer Protection (E-Commerce) Rules, 2020.
- A formal legal notice citing the specific rule and demanding EMI cancellation and CIBIL correction achieved resolution in 15 days.
- The client's preserved evidence (emails, photos, delivery proof) was critical to building the case.
- Specialised consumer law expertise — not general civil practice — was needed to navigate the e-commerce regulatory framework effectively.
The Direct Legal Answer
Can I get the EMI cancelled if the wrong product was delivered?
Yes. The Consumer Protection (E-Commerce) Rules, 2020 make this clear. Rule 4(5) says every e-commerce entity must acknowledge a consumer complaint within 48 hours and resolve it within one month. If they delivered the wrong product, that's a fundamental breach. You are entitled to cancellation of the entire order and all associated EMIs. The financing company (like Bajaj Finserv or HDFC Bank) cannot hold you liable for a product you never received correctly.
Can my CIBIL score be fixed after this?
Absolutely. Under the Credit Information Companies (Regulation) Act, 2005, you have the right to dispute inaccurate credit information. If the EMI default was because of a pending dispute that the platform failed to resolve, you can demand that the financing company update your credit report. A legal notice or consumer complaint usually forces this correction quickly. The consumer forum can also direct compensation for the credit score damage.
What should I do if the platform keeps saying "wait 3-5 days"?
Stop waiting. Three months of such responses is a clear violation. Send one final email to the grievance officer (every platform must have one under Rule 4(1) of the E-Commerce Rules), citing the rule and giving a 15-day deadline. Simultaneously, file a complaint on the National Consumer Helpline portal. If that fails, file a consumer case before the District Consumer Disputes Redressal Commission. You don't need a lawyer for the initial filing, but one helps a lot.
Advice in Such Cases
First — document everything. Every email, every screenshot, every delivery photo. This evidence is your strongest weapon. Second, do not keep relying on the platform's customer care. Escalate to the grievance officer directly. Under Rule 4(1) of the E-Commerce Rules, the officer's contact must be listed in the app's terms or policies. Send a clear, factual email with all evidence and a specific demand.
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.
Third — consider filing a consumer complaint. The District Consumer Forum can hear claims up to Rs. 50 lakhs. The process is relatively quick. This type of e-commerce dispute has nuanced procedural aspects — notice requirements, jurisdiction nuances, and the need to join the financing company as a party. A general practitioner may not know these tricks. An advocate who regularly handles consumer cases will file it right the first time.
Applicable Sections of Law
- Consumer Protection Act, 2019 — Section 2(7) defines a consumer, Section 10 establishes the District Consumer Disputes Redressal Commission, Section 35 deals with filing of complaints.
- Consumer Protection (E-Commerce) Rules, 2020 — Rule 4(1) mandates appointment of a grievance officer, Rule 4(5) requires complaint acknowledgment within 48 hours and resolution within one month.
- Indian Contract Act, 1872 — Section 12 (breach of contract) applies when the delivered product does not match the ordered product, constituting a fundamental breach.
- Credit Information Companies (Regulation) Act, 2005 — Section 20A provides for correction of incorrect credit information through the credit institution.
Jurisdiction — Where to File the Case
Consumer cases are filed based on the complainant's residence or the opposite party's location. For the District Consumer Disputes Redressal Commission (DCDRC), the value of goods/services plus compensation claimed decides jurisdiction — claims up to Rs. 50 lakhs go here. For claims above Rs. 50 lakhs but below Rs. 2 crores, it's the State Commission. Above Rs. 2 crores, the National Commission. In e-commerce matters, the platform's registered office gives you jurisdiction too. Filing in your home city is usually easier and more convenient.
Limitation Period
Under the Consumer Protection Act, 2019, you must file a complaint within two years from the date of cause of action. The clock starts when the wrong product is delivered or when the platform first fails to resolve your complaint. Missing this deadline is fatal — the forum will dismiss it. However, if you have a genuine reason for the delay (like ongoing negotiations), the forum may condone it under Section 38(7). Don't sit on it. File promptly.
Interim Reliefs Available
In consumer cases, interim reliefs are limited compared to civil courts. But you can seek an order directing the platform to stop recovering EMIs during the pendency of the case. This is not a formal injunction like under Order 39 CPC, but the consumer forum can pass appropriate interim orders to prevent irreparable harm. Another option is to approach the financing company directly with the consumer complaint copy — many voluntarily stop recovery to avoid reputational risk. Early interim relief protects your credit score while the case runs.
If You Are the Victim
- Preserve every piece of evidence — delivery photos, packaging, email threads, app screenshots.
- Stop paying the EMI immediately and document the non-payment reason in writing to the financing company.
- Send a legal notice to both the platform and the financing company demanding EMI cancellation and CIBIL correction.
- File a complaint on the National Consumer Helpline (nch.gov.in) — it's free and often gets flagged to senior officials.
- Approach a consumer forum if the notice and NCH don't work within 30 days. Don't wait longer.
Documents You Must Keep Ready
- Order confirmation and payment receipt from the platform.
- Delivery record showing the wrong product received (photograph/video).
- All email or chat correspondence with customer care and grievance officer.
- Proof of EMI payment and the current statement showing the dispute status.
- A copy of the platform's grievance officer details (from Terms of Service).
- A timeline of events prepared in bullet points.
- Identity proof (Aadhaar, PAN) of the consumer.
What Evidence Is Required?
- Primary evidence: The actual wrong product (or clear photographs/video), delivery receipt, order details, and payment proof.
- Secondary evidence: Email screenshots, chat transcripts, call recordings (if permissible), and bank statements showing EMIs debited.
- Documentary evidence: The platform's responses showing delay or misrepresentation of resolution.
- Credit report: A copy of your CIBIL or Experian report showing the erroneous default entry — essential for the CIBIL correction claim.
- Witness evidence: If someone else witnessed the delivery, their statement can help. Not usually needed for consumer cases.
How Courts Typically Approach Such Cases
Consumer forums take e-commerce disputes seriously. They know platforms often delay or give automated responses. The forum will examine: (a) whether the product delivered matches the order, (b) whether the platform acknowledged the complaint timely, (c) whether the one-month resolution timeline was met. If the platform failed on any of these, the forum usually holds it strictly liable. Compensation for mental harassment and litigation costs is routinely awarded. The financing company is often joined as a co-respondent to ensure EMI cancellation and credit correction. Courts are consumer-friendly in this space — they want platforms to follow the rules.
Timeline of Legal Process
- Notice stage: Send legal notice — 15 days for response.
- Pre-litigation mediation: If you file through NCH, mediation takes 2-4 weeks.
- Filing consumer complaint: 1-2 days to draft and file before the DCDRC.
- Notice to opposite party: Court issues notice — 2-4 weeks.
- Written statement: Opposite party files response — 30 days (extendable to 45).
- Evidence: Your affidavit of evidence and cross-examination — 2-4 hearings.
- Arguments: Final oral arguments — 1-2 hearings.
- Judgment: Typically delivered within 60-90 days after arguments.
- Execution: If needed, file execution application — 1-2 months.
Total realistic timeline: 6 to 12 months from filing to final order, if the case goes the full distance. Settlement through notice is much faster — often 15-30 days.
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 this is often the best outcome. Consumer forums encourage settlement through mediation. Section 79 of the Consumer Protection Act, 2019 provides for alternative dispute resolution. Many e-commerce platforms prefer to settle rather than face a consumer forum order, especially when the rules clearly favour the consumer. A well-drafted legal notice citing the specific rules and the platform's failures usually gets a settlement offer. Settlement terms should include: full EMI cancellation, CIBIL correction, and reasonable compensation for harassment. Get the settlement in writing and ensure the financing company is also part of the agreement. Avoid settlement if the platform only offers a refund and ignores the credit score damage — that's inadequate.
Common Mistakes People Make
- Waiting too long: Three months of automated replies is three months too many. Act within the first month itself.
- Not documenting everything: Many people delete emails or don't take photos of the wrong product. That's fatal for evidence.
- Engaging a general lawyer without consumer expertise: Consumer law has specific procedures, limitation periods, and rule-based arguments. A general practitioner may miss the one-month resolution rule or fail to join the financing company. This can weaken your case significantly.
- Talking to the opposite party without counsel: Anything you say on call or chat can be twisted. Let your advocate handle all communication after the notice stage.
- Ignoring the CIBIL issue: Some people think only the EMI cancellation matters. No — the credit score damage can haunt you for years. Demand explicit CIBIL correction in your notice.
- Posting on social media prematurely: While it vents frustration, it can prejudice your legal case if the platform argues you damaged their reputation unfairly. Keep evidence private until the case is filed.
FAQs People Normally Have
Can I file a consumer case online?
Yes. Many District Consumer Commissions now accept e-filing through state-specific portals. The National Consumer Helpline also allows online filing of complaints for pre-litigation mediation. However, for the formal consumer complaint, you or your advocate may need to file physically in most districts still. Check your local DCDRC website.
What if the platform is not based in my city?
No problem. Consumer forums allow you to file at the place where you reside or work, OR where the opposite party's registered office is located. You have the choice. Filing in your home city is perfectly valid.
Will the financing company (EMI provider) also be liable?
Yes. The financing company is a party to the transaction. If they continue to recover EMIs for a product you never received, they are jointly liable. Your complaint should name both the platform and the financing company as respondents. This ensures the forum can order both to act.
How long does it take to get a consumer forum judgment?
Typically 6 to 12 months from filing. But many cases settle earlier. The forum usually gives priority to matters involving ongoing financial harm (like EMI deductions). If the platform doesn't cooperate, the forum can impose penalties for non-compliance.
Can I claim compensation for mental harassment?
Absolutely. The Consumer Protection Act permits compensation for "loss or injury suffered by the consumer due to the negligence of the opposite party." Three months of delay, wrong information, and credit score damage all qualify. Typical compensation in such cases ranges from Rs. 10,000 to Rs. 50,000 depending on the facts.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India