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 approached me after facing a frustrating situation with X.brand, an online retailer. He had placed an order on DD/MM/YYYY and made full online payment of Rs. 15,000 for household products. The order status remained “Unfulfilled” for over three weeks without any shipping notification or tracking details. Despite multiple emails to X.brand’s customer service, Mr.X received no response. The website provided no contact number, and their social media pages were inactive. Mr.X had already filed a complaint with National Consumer Helpline but needed stronger legal action. The seller appeared to be deliberately avoiding communication while retaining the payment, which constituted clear consumer fraud and cheating under commercial transactions.

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 transaction evidence including payment receipts, order confirmations, and email communications
• File consumer complaint immediately in District Consumer Forum for amounts up to Rs. 20 lakhs
• Approach your bank for chargeback if payment was made via credit card within dispute period

Applicable Sections of Law

This case involves multiple violations under Bharatiya Nyaya Sanhita (BNS). Section 318 covers cheating and dishonestly inducing delivery of property, which applies when sellers collect payment without delivering goods. Section 406 addresses criminal breach of trust for misappropriating customer payments. Under Consumer Protection Act 2019, this constitutes unfair trade practices and deficiency in services. BNSS Section 173 enables filing complaints for economic offences. These provisions collectively provide comprehensive legal framework for addressing online retail fraud and ensuring consumer rights protection.

If You Are the Complainant

• Gather all digital evidence including screenshots of order status, payment confirmations, and website terms
• File police complaint under BNS Section 318 for cheating and Section 406 for breach of trust
• Simultaneously lodge consumer complaint seeking refund plus compensation for harassment and mental agony
• Send legal notice through advocate demanding refund within 15 days before initiating criminal proceedings
• Report to cybercrime portal if the seller’s website appears fraudulent or has ceased operations

If You Are the Victim

• Immediately stop any further transactions with the same seller and warn others through reviews
• Contact your bank’s fraud department to report unauthorized retention of funds and explore chargeback options
• Preserve all communication attempts including email delivery receipts showing non-response from seller
• File cyber crime complaint online through National Cyber Crime Reporting Portal within reasonable time
• Seek interim relief from consumer forum to freeze seller’s accounts pending investigation

How the Police Behave in Such Cases

Police typically treat online order disputes as civil matters initially and may suggest consumer forum remedies. However, when clear evidence of cheating and criminal breach of trust exists with deliberate non-delivery and non-response, they register FIR under economic offences. Cyber crime cells are more responsive to such complaints. Police investigation involves tracking payment trails, website ownership verification, and checking seller’s business registration status.

FAQs People Normally Have

Q: Can I get my money back immediately?
Consumer forum can order interim relief, but recovery depends on seller’s financial status and compliance.

Q: Is this a criminal case or civil dispute?
It’s both – criminal cheating under BNS and civil consumer rights violation requiring parallel proceedings.

Q: What if the seller’s website is now closed?
Cyber crime investigation can trace domain ownership and bank accounts linked to fraudulent operations.

Q: How much compensation can I claim?
Refund amount plus up to 50% additional compensation for harassment, mental agony, and litigation costs in consumer forum.

What Evidence Is Required?

• Original payment receipts, bank statements, and transaction confirmations from payment gateway
• Screenshots of order placement, confirmation emails, and current order status showing non-delivery
• Email communication attempts with delivery receipts proving seller’s non-response
• Website terms and conditions, return policy, and seller’s contact information or lack thereof
• Social media posts or customer reviews indicating similar complaints against the same seller
• Technical evidence of website domain registration and business registration details if available
• Bank account details of seller for recovery proceedings and asset tracing

How Long Will the Investigation Take?

Consumer forum proceedings typically conclude within 3-6 months for straightforward non-delivery cases. Police investigation under economic offences may take 6-12 months depending on complexity and seller’s cooperation. Cyber crime investigation can be faster if seller’s digital footprint is traceable. Recovery of funds depends on successful location of seller’s attachable assets and compliance with court orders.

Advocate Sudhir Rao, Supreme Court of India