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

Mr. Anand Sharma, a resident of Rampur, found himself in a frustrating situation. A few months ago, he placed an order for apparel worth approximately Rs. 2,500 from a popular online brand called “Elegance Attire.” Despite the payment being processed immediately, the order was never dispatched. After waiting patiently for several weeks, Mr. Sharma contacted the company’s customer support. To his dismay, they repeatedly asked him to wait for an unspecified period and refused to process a refund to his original payment method. Instead, they offered to credit the amount to his brand-specific wallet.

Mr. Sharma felt this was deeply unfair. The failure to deliver was the company’s fault, and forcing him to accept a wallet refund would compel him to shop with them again, which he had no intention of doing. After two months of back-and-forth communication with no resolution, he began to wonder about his legal options and whether filing a consumer complaint was the right course of action.

Advice in such cases

If you find yourself in a situation similar to Mr. Sharma’s, there are clear steps you can take to protect your rights as a consumer.

• Send a Formal Legal Notice: Before approaching a consumer court, it is advisable to send a well-drafted legal notice to the company’s registered office. This notice should clearly state the facts of the case, the deficiency in service, the relief you are seeking (a full refund to the original payment source, plus any compensation for harassment), and a deadline for them to comply. Often, a formal notice from a lawyer prompts the company to resolve the issue.
• Gather All Documentation: Compile all evidence related to the transaction. This includes the order confirmation email or message, proof of payment (bank statement or screenshot of the transaction), and copies of all your communications with the company, such as emails, chat transcripts, or call logs.
• File a Complaint with Consumer Fora: If the company fails to respond to the legal notice or refuses to provide a satisfactory resolution, you can file a complaint with the District Consumer Disputes Redressal Commission. This can now be done online through the e-Daakhil portal, making the process more accessible.
• 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 key provisions that apply are:

• Section 2(11) – “Deficiency in Service”: The company’s failure to deliver the product after accepting payment and then refusing a proper refund constitutes a clear “deficiency in service.”
• Section 2(47) – “Unfair Trade Practice”: Forcing a consumer to accept a refund in a wallet for a service not rendered can be argued as an “unfair trade practice.” The company is unjustly enriching itself by holding onto the customer’s money and restricting its use.
• Consumer Rights: The Act guarantees several consumer rights, including the right to be protected against unfair trade practices and the right to seek redressal against them.

If you are the complainant

As the complainant (the person filing the case), you are taking the lead in seeking justice. Here are the steps to follow:

• Final Communication: Send one last, clear email to the company stating that if a full refund to your original payment source is not processed within a specific timeframe (e.g., 7 days), you will be initiating legal proceedings.
• Engage a Lawyer: While you can represent yourself in a consumer commission, engaging a lawyer is highly recommended. They can draft a strong legal notice and complaint, ensuring all legal points are covered.
• File the Complaint: Your lawyer will help you file the complaint in the appropriate District Commission based on the value of your claim and jurisdiction. The complaint should narrate the entire sequence of events and attach all supporting evidence.
• Claim Compensation: In addition to the refund of Rs. 2,500, you can also claim compensation for the mental agony, harassment, and litigation costs you have incurred.
• 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 this unfair practice, your goal is to recover your money and hold the company accountable.

• Do Not Accept Wallet Credit: Stand firm on your demand for a refund to your original payment method. Accepting a wallet refund can sometimes be interpreted as a settlement, weakening your case.
• Document Everything: Keep a meticulous record of every interaction. Note down dates, times, and the names of customer service representatives you speak with. Save all emails and screenshots of chats.
• Understand Your Rights: You have a right to receive the goods or services you paid for. If the business fails to provide them, you are entitled to a full refund, not a restricted credit.
• 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

Generally, the police will not intervene in such matters. This is considered a civil dispute arising from a breach of contract and deficiency in service, which falls under the purview of the Consumer Protection Act. Police resources are reserved for criminal offenses. Therefore, approaching a police station is unlikely to yield any results. The correct forum is the Consumer Commission. However, if a company is found to be systematically cheating a large number of customers with no intention of ever supplying products, it could potentially be investigated as a criminal offense of cheating under the Bharatiya Nyaya Sanhita (BNS), but for an individual case, the consumer complaint route is the appropriate and effective one.

FAQs people normally have

• Can I file a complaint for a small amount like Rs. 2,500?
  Yes. The Consumer Protection Act does not have a minimum value for filing a complaint. You can file a case for any amount, no matter how small.
• Are there any negative consequences of filing a consumer complaint?
  No. Filing a complaint is your legal right as a consumer. There are no negative repercussions. The only costs involved are the nominal court fees and your lawyer’s professional fees, if you choose to hire one.
• Do I absolutely need a lawyer to file a consumer case?
  It is not mandatory. The procedure is designed to be consumer-friendly. However, having a lawyer ensures your case is presented professionally and all legal arguments are made effectively, which significantly increases your chances of a favorable outcome.

What evidence is required?

To build a strong case, you will need the following evidence:

• A copy of the order confirmation email, SMS, or a screenshot from the app/website.
• Proof of payment, such as a bank statement, credit card statement, or digital wallet transaction history.
• All written communication with the brand’s customer service, including emails and chat transcripts.
• A copy of the legal notice you sent to the company and the postal receipt or tracking proof showing it was delivered.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates an endeavor to dispose of complaints as expeditiously as possible, ideally within three to five months from the date of notice receipt by the opposite party. However, the actual timeline can vary depending on the complexity of the case, the workload of the commission, and whether the company contests the matter. The e-Daakhil portal has helped in speeding up the initial filing and hearing processes.

Advocate Sudhir Rao, Supreme Court of India