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

Mr. Rohan Verma, a resident of Amanpur, recently faced a frustrating situation. He placed a prepaid order for a custom jacket worth Rs. 7,500 from an online store called “Urban Threads” in early October. A week passed, but he received no shipping confirmation or any update from the company. His attempts to contact their customer service via email and phone went unanswered. Concerned, Mr. Verma searched for the company on social media and discovered a pattern of similar complaints from numerous other customers, with some issues dating back several months. Many had paid in advance and were left without their products or a refund. This is a classic case of deficiency in service and potentially an unfair trade practice.

Advice in such cases

If you find yourself in a similar situation as Mr. Verma, it is crucial to act systematically to protect your rights as a consumer.

• Gather all your documents. This includes the order confirmation email, the invoice or bill, proof of payment (bank statement, credit card statement, or UPI transaction screenshot), and any communication you have had with the company.
• Send a formal legal notice to the company’s registered address. This notice, drafted by a lawyer, should clearly state the facts, demand the delivery of the product or a full refund within a specified period (e.g., 15 days), and state that you will pursue legal action if they fail to comply.
• 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 the company does not respond to the legal notice, you can file a consumer complaint. This can be done online through the e-Daakhil portal, making the process more accessible.

Applicable Sections of Law

The primary law governing such disputes is the Consumer Protection Act, 2019. Key concepts and sections include:

• Deficiency in Service [Section 2(11)]: The failure to ship a prepaid order and the lack of communication clearly constitute a “deficiency” in the service promised by the seller.
• Unfair Trade Practice [Section 2(47)]: If a company systematically accepts payments without intending to ship products or does so with inordinate delays, it can be considered an unfair trade practice, which involves making false or misleading representations to promote a sale.
• Jurisdiction of Consumer Commissions: Depending on the value of the goods and compensation claimed, you can file a complaint with the appropriate commission:
  • District Commission [Section 34]: For claims up to Rs. 50 lakhs.
  • State Commission [Section 47]: For claims between Rs. 50 lakhs and Rs. 2 crores.
  • National Commission [Section 58]: For claims exceeding Rs. 2 crores.
• Cheating [Section 317 of the Bharatiya Nyaya Sanhita, 2023 (BNS)]: If there is evidence to suggest that the company was set up with the fraudulent intent to deceive customers from the beginning (e.g., a fake website, no real inventory), it could also be a criminal offense of cheating.

If you are the complainant

As the person filing the complaint, your role is to present a clear and well-documented case.

• Organize all your evidence chronologically. Create a timeline of events from placing the order to your attempts to contact the seller.
• The first formal step should be sending a well-drafted legal notice. This often resolves the issue without needing to go to the commission, as it shows the company you are serious about pursuing legal remedies.
• 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.
• When filing the complaint on the e-Daakhil portal, be precise in your petition. Clearly state the relief you are seeking, which can include a full refund, interest on the amount, compensation for mental harassment, and the costs of litigation.

If you are the victim

Realizing you may have been cheated can be stressful. Here is how to approach the situation calmly and effectively.

• Do not panic. Your money is not necessarily lost. The law provides strong protections for consumers.
• Before taking legal action, make a final attempt to contact the company through multiple channels (email, social media public posts, phone calls) and document these attempts. Sometimes, a public post can elicit a response.
• 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.
• Preserve all digital evidence immediately. Take screenshots of the product page, your order confirmation, and any negative reviews or comments from other affected customers, as the company might later delete them.

How the police behave in such cases

Approaching the police is an option, but it may not be the most effective first step for this specific issue. Typically, this is considered a civil dispute falling under consumer law, not a criminal one. The police will likely advise you to approach the Consumer Disputes Redressal Commission. However, if there is substantial evidence of a large-scale, organized scam where the company has no real business operations and was created solely to defraud people, the police may register a First Information Report (FIR) under Section 317 of the BNS for cheating. For a simple non-delivery case, the consumer complaint route is faster and more direct for getting a refund and compensation.

FAQs people normally have

Do I need a lawyer to file a consumer complaint?

No, it is not mandatory. You can file and argue the case yourself. However, having a lawyer is highly recommended as they understand the legal nuances, procedural requirements, and can draft a much stronger complaint and legal notice, increasing your chances of success.

Can I claim compensation for mental agony?

Yes. The Consumer Protection Act, 2019, explicitly allows the commission to award compensation for the mental harassment and inconvenience caused to the consumer, in addition to the refund and litigation costs.

What if the company is in another city?

Under the new Act, you can file the complaint in the District Commission where you reside or work, making it convenient for the consumer. You do not need to travel to the city where the company is registered.

What evidence is required?

Strong evidence is the backbone of a successful consumer complaint. You will need:

• A copy of the invoice or bill.
• Proof of payment (e.g., bank statement, UPI transaction ID, credit card receipt).
• Order confirmation email or SMS.
• Screenshots of the product listing on the website.
• Copies of all communication (emails, chat logs) with the company.
• A copy of the legal notice sent to the company and the postal receipt as proof of dispatch.
• Screenshots of social media posts or online reviews from other customers facing the same issue can serve as supporting evidence of an unfair trade practice.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a speedy resolution. Once you file a complaint, the commission will issue a notice to the opposite party (the company), who usually gets 30 days to file their reply. The Act aims for disposal of the case within 3 to 5 months if no complex analysis or testing is required. However, in practice, the timeline can vary depending on the caseload of the commission and the complexity of the case. The e-Daakhil portal has helped streamline the process and reduce delays.

Advocate Sudhir Rao, Supreme Court of India