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

Ms. Anjali Sharma, a resident of Janakpuri, decided to purchase several items from a popular online retail platform, “UrbanShop,” during their much-advertised “Annual Mega Sale.” She opted for the Cash on Delivery (COD) payment method. The initial delivery date was scheduled for a week after the order was placed. However, the date kept getting postponed. Ms. Sharma was patient, but her frustration grew when the order status suddenly changed to “Cancelled by Customer,” a step she had never taken. She had not even received a call from their designated courier, “SwiftEx Couriers.”

Upon contacting UrbanShop’s customer support, she was given assurances that the order would be delivered within the next 48 hours. Despite this promise, the delivery never happened. A few days later, the status was updated again, this time to “Delivery Rejected by Customer.” This was entirely false, as no delivery attempt was ever made. It seemed to be a pattern, possibly to avoid fulfilling orders placed with significant discounts or on a COD basis. This experience of being misled and having her time wasted left her extremely disappointed. Upon checking online reviews, she discovered that this was a common complaint against the company, with many other customers facing identical issues.

Advice in such cases

If you find yourself in a similar predicament with an e-commerce company, it’s crucial to act systematically to protect your rights as a consumer. Here are the steps you should take:

• Document Everything: From the moment you place the order, keep a record of everything. This includes the order confirmation email, SMS alerts, screenshots of the product page, and most importantly, screenshots of the misleading tracking updates (e.g., “Cancelled by Customer,” “Delivery Rejected”).
• Formal Communication: Do not rely on phone calls alone. Send a detailed email to the company’s official customer support address. Clearly state the facts, mention your order number, and attach the evidence you have collected. State that their claim of cancellation or rejection is false and constitutes a deficiency in service.
• Escalate to the Grievance Officer: As per Indian regulations, e-commerce companies must appoint a Grievance Officer and display their contact details on their website. If you do not receive a satisfactory response from customer support, escalate the matter to the Grievance Officer via email.
• File a Consumer Complaint: If the company fails to resolve the issue, you can file a complaint on the National Consumer Helpline (NCH) portal or by calling their toll-free number. This is an effective pre-litigation step.
• Approach the Consumer Commission: Your final remedy is to file a formal complaint before the District Consumer Disputes Redressal Commission. You can claim a refund (if prepaid), the product itself, and compensation for the mental agony and harassment caused.
• 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 company’s actions fall under specific definitions within this act:

• Deficiency in Service [Section 2(11)]: Failing to deliver the product as promised and then falsely updating the status constitutes a clear “deficiency” in the service you were entitled to receive.
• Unfair Trade Practice [Section 2(47)]: Making false or misleading statements about the delivery of goods or services is an “unfair trade practice.” Falsely claiming that the customer cancelled or rejected the order falls squarely under this definition.

While this is largely a consumer dispute, in cases where a company shows a consistent pattern of taking money with no intention of delivering goods, it could potentially be viewed under the criminal law of cheating as defined in the Bharatiya Nyaya Sanhita (BNS), 2023. However, the most direct and effective route for resolution is through the consumer protection framework.

If you are the complainant

When you decide to take formal action, being organized is key to a successful outcome. Here is what you should do:

• Create a timeline of events in chronological order, from placing the order to the last false update.
• Compile all your evidence into a single folder. This includes emails, screenshots, and call logs.
• Draft a clear and concise complaint letter. State the facts, the relief you are seeking (delivery of the product, compensation for harassment), and the legal grounds (deficiency in service, unfair trade practice).
• 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

Realizing you have been wronged by a company can be frustrating. Here’s how to channel that frustration into productive action:

• Do not engage in endless arguments with customer service representatives over the phone. Shift all communication to a written format like email for record-keeping.
• Preserve all evidence immediately. Take screenshots before the company has a chance to alter tracking information or take down order details.
• Do not give up. Companies sometimes rely on the customer’s frustration to make them abandon the issue. Follow the escalation process methodically.
• 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

In most instances, the police will view such a case as a civil or consumer dispute rather than a criminal one. If you approach a police station, they are likely to advise you to file a complaint with the Consumer Commission. They are reluctant to file an FIR for “cheating” under the BNS unless there is widespread, organised fraud involving a large number of victims and substantial amounts of money. For an individual case of non-delivery or false tracking, the consumer courts are the appropriate and designated forum for redressal.

FAQs people normally have

Can I claim compensation for mental harassment?

Yes. Under the Consumer Protection Act, 2019, you can claim compensation for the mental agony, harassment, and litigation costs you have incurred due to the company’s deficiency in service and unfair trade practices.

Do I need a lawyer to file a case in the Consumer Commission?

While it is not mandatory to hire a lawyer, and you can represent yourself, having legal guidance is highly recommended. An experienced lawyer can draft the complaint effectively, present the arguments professionally, and navigate the procedures, increasing your chances of a favourable and swift outcome.

What if the company’s office is in another state?

The Consumer Protection Act, 2019, provides flexibility. You can file the complaint in the District Commission within whose jurisdiction you reside or personally work for gain, or where the company’s branch office is located, or where the cause of action (e.g., placing the order online) arose.

What evidence is required?

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

• A copy of the order confirmation email or message.
• Proof of payment if the order was prepaid. For COD, the order confirmation itself is the contract.
• Screenshots of the order tracking page showing the various statuses, especially the false “cancelled” or “rejected” updates.
• Copies of all email communication with the company’s customer support and Grievance Officer.
• Call logs or records if you have them, though written communication is stronger evidence.

How long will the investigation take?

The timeline can vary. After filing a complaint with the Consumer Commission, a notice is sent to the opposite party, who then files a reply. The Consumer Protection Act, 2019, aims for a speedy trial, ideally within 3 to 5 months if no complex evidence is required. However, the actual duration can depend on the caseload of the commission and the tactics used by the opposite party. An initial resolution through the National Consumer Helpline (NCH) can be much faster, sometimes taking a few weeks.

Advocate Sudhir Rao, Supreme Court of India