If you are stuck in such a situation, here is what to do.
Mr. Alok Sharma, a resident of Nagpur, made an online purchase from a popular footwear brand, “StrideWell Shoes,” on May 15th. He bought several items totaling Rs. 8,250. Upon receiving the order, he found that some items did not meet his expectations and decided to return four of them as per the company’s return policy. While the company acknowledged the return, they only processed a partial refund for two of the four items.
For nearly two months, Mr. Sharma has been diligently following up with StrideWell Shoes’ customer care team. He has spoken to over two dozen different representatives and even a floor manager, but his issue remains unresolved. Each time, he is met with vague excuses about “system glitches” or assurances that the team is “working on it,” with deadlines that are repeatedly missed. The company’s latest promise of a resolution by June 30th passed without any confirmation or initiation of the pending refund. Frustrated with the endless loop of calls and broken promises, Mr. Sharma is now seeking to understand his legal options to recover his money.
Advice in such cases
When a company fails to provide a service as promised, such as processing a legitimate refund, it is considered a ‘deficiency in service’. Here are the steps you should consider:
Document Everything: Keep a meticulous record of all communication. This includes invoices, order confirmations, return requests, screenshots of your communication with customer service (emails, chats), and a log of phone calls with dates, times, and the names of the representatives you spoke to.
Send a Formal Complaint: Escalate the issue by sending a formal email to the company’s grievance redressal officer or a senior management official. Clearly state the facts, reference your order number, and attach all relevant evidence. Give them a final, reasonable deadline (e.g., 15 days) to resolve the matter.
Send a Legal Notice: If the formal complaint yields no results, the next step is to have a lawyer send a formal legal notice to the company’s registered office. This notice details your grievance, the deficiency in service, and the relief you are seeking (the refund amount, plus compensation for mental harassment and litigation costs). This is often enough to compel the company to act.
File a Consumer Complaint: If the company ignores the legal notice, you can file a complaint before the appropriate Consumer Disputes Redressal Commission. Given the amount, this would likely be the District 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 situation is primarily governed by the Consumer Protection Act, 2019. The failure to process a refund for a returned product clearly falls under the definition of “deficiency in service” and “unfair trade practice.”
Section 2(11) of the Consumer Protection Act, 2019: Defines “deficiency” as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service.
Section 2(47) of the Consumer Protection Act, 2019: Defines “unfair trade practice,” which can include failing to honour a stated return and refund policy.
While this is a civil matter, if there is evidence of a deliberate intention to deceive from the outset, it could potentially attract provisions related to cheating under the Bharatiya Nyaya Sanhita (BNS), but the primary and most effective remedy lies with the Consumer Commission.
If you are the complainant
As the person who has suffered the loss, you are the complainant. Your course of action should be systematic and evidence-based.
Organize Your Evidence: Compile all your documents in chronological order. This will form the backbone of your case.
Draft a Legal Notice: With the help of your lawyer, send a well-drafted legal notice to the company. This notice should clearly state your claim and the consequences of non-compliance.
File the Complaint: If the notice is ignored, file a formal complaint with the District Consumer Commission. The complaint should narrate the entire sequence of events, specify the deficiency in service, and state the relief you are seeking, including the refund, interest, compensation for harassment, and legal costs.
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
As the victim of an unfair trade practice, you have the right to be heard and compensated. Your focus should be on seeking redressal for the financial loss and the mental agony caused.
Do Not Give Up: Companies often rely on customers getting tired of following up. Persist in your efforts through formal channels.
Seek Compensation: Do not limit your claim to just the refund amount. You are entitled to seek compensation for the mental harassment, frustration, and the costs you have incurred in pursuing the matter.
Follow Legal Procedure: Adhere to the procedures laid out under the Consumer Protection Act. Approaching the Consumer Commission is a straightforward and cost-effective process designed to protect consumers like you.
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
The police generally do not have a direct role in consumer disputes of this nature. This is considered a civil wrong (a tort) and not a criminal offence. The police will likely direct you to the Consumer Commission, as it is the specialized forum for such grievances. They would only intervene if there is a clear element of a cognizable criminal offence, such as organized fraud or cheating by deception, which can be difficult to prove in a simple case of a refund dispute. Your primary and most effective recourse is through the consumer protection mechanism.
FAQs people normally have
Can I file a complaint online?
Yes, the government has facilitated the E-Daakhil portal (edaakhil.nic.in) where consumers can file their complaints electronically from anywhere, without needing to physically visit the Consumer Commission.
Do I absolutely need a lawyer to file a consumer complaint?
While you can file a complaint in person, hiring a lawyer is highly recommended. A lawyer understands the legal nuances, procedural requirements, and how to present your case effectively to maximize your chances of success and secure adequate compensation.
What if the company is in a different city?
Under the Consumer Protection Act, 2019, you can file a complaint at the District Commission where you reside or personally work for gain, which makes it much more convenient for the consumer.
What evidence is required?
Strong evidence is crucial for a successful consumer complaint. You should collect and present the following:
The original invoice or bill of the purchase.
Proof of payment (bank statement, credit card statement, UPI transaction ID).
The company’s return and refund policy (screenshot from their website).
Proof of return (shipping receipt, email/SMS confirmation from the company acknowledging receipt of the returned items).
All email and chat correspondence with the customer service team.
A record of phone calls (dates, times, summary of conversation).
A copy of the legal notice sent to the company and the postal receipt.
How long will the investigation take?
The Consumer Protection Act, 2019, mandates a speedy redressal process. The Act prescribes that complaints should be decided within three months from the date of receipt of notice by the opposite party, and within five months if the case requires product analysis or testing. However, in practice, the timeline can vary depending on the complexity of the case, the backlog at the specific Commission, and the tactics employed by the opposite party. A well-documented case presented by a competent lawyer can help expedite the process.
Advocate Sudhir Rao, Supreme Court of India