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 had placed an order with X.brand for three t-shirts worth approximately Rs. 3,000 on 24/01/2026. Despite multiple follow-ups, by 13/02/2026, he had not received any delivery notification or the ordered items. The company kept assuring him that his order was moved to “top priority” but provided no concrete timeline or tracking details. The delivery partner Y.courier was also unresponsive to his queries. After three weeks of waiting and false promises, Mr.X realized this constituted unfair trade practices and breach of contract. The company’s failure to deliver goods within reasonable time while retaining payment amounts to cheating and deficiency in service under consumer protection laws.

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 with the seller including order confirmations, payment receipts, and their responses. Send a formal legal notice demanding delivery or refund within 15 days. File a complaint with the District Consumer Commission if the seller fails to respond. Contact your bank or payment gateway to dispute the transaction if paid by card.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), Section 318 deals with cheating and dishonestly inducing delivery of property. Section 316 covers criminal breach of trust when someone fails to deliver goods after receiving payment. The Consumer Protection Act, 2019 provides remedies for deficiency in service and unfair trade practices. Section 2(47) of the Act defines “unfair trade practice” which includes making false representations about goods or services. These cases can be filed under BNSS provisions for criminal complaints or through consumer forums for civil remedies.

If You Are the Complainant

• Gather all evidence of the transaction including screenshots, emails, and payment proof
• Send a legal notice to the seller demanding delivery or full refund within 15 days
• File a complaint with the appropriate Consumer Commission based on transaction value
• Report to cybercrime cell if the seller has a pattern of such fraudulent practices
• Approach your bank for chargeback if payment was made through credit/debit card

If You Are the Victim

• Immediately contact your bank to stop any pending payments or request chargeback
• Document all communications and maintain a chronological record of events
• Check if the seller is registered under GST and file a complaint with tax authorities
• Report the matter to consumer helpline 1915 for immediate assistance
• Join online consumer forums to share experience and warn other potential victims

How the Police Behave in Such Cases

Police often treat online purchase disputes as civil matters initially and may suggest approaching consumer courts first. However, if fraud or cheating is established with substantial evidence, they will register an FIR under BNS provisions. They usually require comprehensive documentation and proof of financial loss. Police may be more responsive if multiple victims come forward with similar complaints against the same seller, indicating organized fraud.

FAQs People Normally Have

Q: Can I get my money back if goods are not delivered? A: Yes, through consumer courts, bank chargebacks, or criminal complaints under BNS.

Q: How long should I wait before taking legal action? A: Generally 7-15 days beyond the promised delivery date is reasonable waiting time.

Q: Which court has jurisdiction for online purchase disputes? A: The consumer commission where you reside or where the seller is located.

Q: Is a police complaint necessary for non-delivery? A: Not mandatory, but helpful if fraud is suspected or multiple victims exist.

What Evidence Is Required?

• Order confirmation email or SMS with order details and promised delivery date
• Payment receipt or bank statement showing transaction
• Screenshots of website terms and conditions
• Email correspondence with customer service
• Delivery partner tracking details if available
• Screenshots of seller’s website and product listings
• Any promotional materials or advertisements that influenced the purchase

How Long Will the Investigation Take?

Consumer commission cases typically take 3-6 months for disposal at district level. Police investigation for criminal complaints may take 60-90 days for charge sheet filing. Bank chargeback processes usually resolve within 30-45 days. The timeline depends on complexity of case, cooperation from the seller, and availability of evidence. Priority should be given to quickest remedy available.

Advocate Sudhir Rao, Supreme Court of India