If you are stuck in such a situation, here is what to do.

A few weeks ago, Mr. Sameer Verma, a resident of Janakpuri, placed an order using an online platform called “NextGen Deals.” The delivery was assigned to a well-known logistics company, “RapidEx Logistics.” Before arriving at Mr. Verma’s address, the delivery agent called him and insisted that he share the One-Time Password (OTP) to confirm the delivery beforehand. Mr. Verma rightfully refused, stating that he would only share the OTP once the agent was at his location with the package. This led to a heated exchange over the phone.

Since that incident, Mr. Verma has observed a disturbing pattern. Every time a package is shipped to him via RapidEx Logistics, the delivery is never attempted. The tracking status is often updated to “Customer Not Available” or “Delivery Refused” without the agent ever visiting his address. This has caused significant distress for him, as many crucial documents, including those related to legal and financial matters, are often sent through such established courier services in India. He fears that this targeted non-delivery could lead to severe consequences in the future. Feeling unfairly victimized for simply adhering to a secure delivery protocol, Mr. Verma has already lodged a complaint on the company’s official portal but seeks to understand his legal options to resolve this harassment and ensure he receives his consignments.

Advice in such cases

If you find yourself in a similar situation, it is crucial to act methodically to protect your rights. This is a clear case of “deficiency in service” and can be legally challenged.

• Document Everything: Keep a detailed record of all orders, tracking numbers, and screenshots of the tracking status that falsely claim a delivery attempt was made. Note down the dates and times of any calls with the delivery agent or customer service.
• Formal Written Communication: While a portal complaint is a good first step, send a formal complaint via email to the courier company’s grievance redressal or nodal officer. Clearly state the issue, reference the past incident, and attach all relevant tracking numbers and evidence. This creates a formal paper trail.
• Send a Legal Notice: If the company fails to resolve the issue after your formal complaint, the next step is to have a lawyer send a legal notice. This notice will outline the deficiency in service, the harassment faced, and demand corrective action and compensation for the trouble caused.
• File a Consumer Complaint: If the legal notice is ignored or the response is unsatisfactory, you can file a complaint with the appropriate District Consumer Disputes Redressal Commission.
• 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 of 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.

Applicable Sections of Law

This issue is primarily governed by consumer protection laws, as the courier company has failed to provide the service you paid for (either directly or indirectly through the seller).

• The Consumer Protection Act, 2019: This is the primary legislation that protects your rights as a consumer. The act of not delivering your package, especially after a dispute, amounts to a “deficiency in service” under Section 2(11) of the Act. You are entitled to seek redressal, which can include a refund, compensation for mental agony and harassment, and an order for the company to cease such unfair trade practices.
• The Indian Contract Act, 1872: The agreement to deliver a package is a contract for service. By failing to deliver, the courier company is in breach of its contractual obligations.

If you are the complainant

As the person who is being denied service, you are the complainant. Your goal is to compel the company to provide proper service and seek compensation for the harassment.

• Gather Your Evidence: Collect all order confirmations, tracking details, screenshots, call records, and copies of your complaints filed on the portal and through email.
• Draft a Clear Narrative: Write down the sequence of events, starting from the initial incident with the OTP to the subsequent non-delivery of packages. This will be crucial for your legal notice and consumer complaint.
• Quantify Your Loss: While there may not be a direct monetary loss for a single undelivered package, you can claim compensation for mental agony, harassment, and the potential loss you could suffer if important documents are not delivered.
• 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 of 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.

If you are the victim

Being a victim of such targeted behaviour by a service provider can be frustrating. Here is how to approach the situation to protect your interests.

• Stay Calm and Systematic: Do not engage in aggressive arguments with the delivery agent or customer service. Instead, focus on creating a formal record of their failure to provide service.
• Use Official Channels: Always use the company’s official grievance redressal mechanism first. This shows the consumer court that you made a genuine attempt to resolve the issue before seeking legal recourse.
• Do Not Give Up: Many companies hope that customers will get tired and drop the issue. Persist with your complaint through the proper legal channels.
• 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 of 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.

How the police behave in such cases

In cases like this, the police generally do not intervene. This is considered a civil dispute arising from a deficiency in service, not a criminal offense. If you approach a police station, they will likely advise you that it is a consumer matter and direct you to file a complaint with the Consumer Commission. Police involvement would only be warranted if there were elements of criminal activity, such as theft of the package, fraud, or criminal intimidation, which does not appear to be the case here.

FAQs people normally have

What evidence is required?

Strong evidence is key to winning a consumer case. You should collect:

• Invoices or receipts of the orders.
• Shipping confirmation emails or messages containing the tracking number.
• Screenshots of the online tracking page showing “undelivered” or “delivery attempted” statuses.
• Records of your calls to customer service (date, time, person spoken to).
• Copies of all written communication, including portal complaints, emails, and the legal notice sent.
• Any CCTV footage, if available, showing that the delivery agent never visited your premises on the day they claimed to have attempted delivery.

How long will the investigation take?

This is not a police investigation. The timeline depends on the legal path you choose. A legal notice typically gives the company 15 to 30 days to respond and resolve the matter. If you file a complaint in the Consumer Commission, the process can take several months to a year or more, depending on the complexity of the case, the evidence presented, and the caseload of the commission. However, the Consumer Protection Act, 2019, aims for the expeditious disposal of cases.

Advocate Sudhir Rao, Supreme Court of India