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.

Mr. X placed an order on DD/MM/YYYY from X.company, an e-commerce website claiming to be based in City A. He had received a promotional coupon through Y.platform for purchasing XYZ product for an upcoming wedding event. After placing the order using the promotional discount, the company cancelled his order without proper explanation. Despite multiple attempts to contact their customer support through emails and phone calls, Mr. X received no response from the company. The payment had already been deducted from his account, but neither the product was delivered nor was the refund processed. This left Mr. X in a frustrating situation where he had paid for a product but received neither the goods nor proper customer service.

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.

• Document all communications, order confirmations, payment receipts, and promotional coupons used
• Contact your bank or payment gateway to dispute the transaction and initiate chargeback
• File a complaint with the National Consumer Helpline and Consumer Protection Authority

Applicable Sections of Law

This case involves multiple legal provisions under the Consumer Protection Act, 2019, and Bharatiya Nyaya Sanhita. Section 318 of BNS deals with cheating and dishonestly inducing delivery of property. Section 316 covers criminal breach of trust. The Consumer Protection Act provides remedies for defective goods, deficient services, and unfair trade practices. E-commerce rules under the Consumer Protection Act mandate proper grievance redressal mechanisms, clear cancellation policies, and timely refunds for online businesses.

If You Are the Complainant

• Gather all evidence including screenshots of the website, order confirmations, payment receipts, and promotional offers
• Send a formal legal notice to the company demanding refund within 15 days
• File complaint with District Consumer Commission if the value is under Rs. 1 crore
• Report the website to cyber crime authorities if fraudulent practices are suspected
• Contact the payment gateway or bank to initiate dispute resolution process

If You Are the Victim

• Immediately stop any further transactions with the company and alert others about your experience
• Contact your bank to block any future unauthorized transactions and dispute existing charges
• File a complaint with consumer forums both online and offline for proper legal remedy
• Report the incident to cyber crime police if the company appears to be operating fraudulently
• Join other affected customers to file a class action suit if multiple people are similarly affected

How the Police Behave in Such Cases

Police typically treat e-commerce disputes as civil matters unless clear criminal intent like fraud is established. They may direct you to consumer forums first. However, if the company is found to be operating fraudulently or cheating multiple customers, cyber crime units may register FIR under relevant sections of BNS. Police cooperation improves significantly when multiple complaints are filed against the same company.

FAQs People Normally Have

Q: Can I get my money back if the company is not responding?
A: Yes, through consumer forums, bank disputes, or legal action.

Q: Is using promotional coupons and then cancelling orders illegal?
A: If done systematically to cheat customers, it constitutes unfair trade practice and fraud.

Q: How long do I have to file a complaint?
A: Consumer complaints can be filed within two years of the cause of action.

Q: What if the company website becomes inactive?
A: You can still pursue legal action and report to cyber crime authorities.

What Evidence Is Required?

• Screenshots of the website, product pages, and promotional offers
• Order confirmation emails and SMS notifications
• Payment receipts and bank statements showing transaction details
• Records of all communication attempts with customer support
• Promotional coupon details and terms and conditions
• Screenshots of order status and cancellation notifications
• Witness statements from others who may have similar experiences

How Long Will the Investigation Take?

Consumer forum proceedings typically take 3-6 months for resolution. Bank chargeback processes usually complete within 45-90 days. Police investigation, if initiated, may take several months depending on the complexity and cooperation from the accused company. The timeline can be expedited with proper documentation and legal representation.

Advocate Sudhir Rao, Supreme Court of India