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

Mr. Alok Verma, a resident of Janakpuri, recently found himself in a frustrating situation. On the 10th of May, he placed an order for health snacks worth ₹250 from an online portal called “NourishNow Foods.” The company’s website prominently advertised a “dispatch within 24 hours” policy. However, a week passed, and Mr. Verma received no shipping confirmation or any update regarding his order.

His attempts to contact the company were met with a dead end. The customer care number provided on the website was invalid, and his multiple emails to their support address went unanswered for over four days. Feeling stonewalled, Mr. Verma sent a final email, clearly stating that he would be forced to escalate the matter to the Consumer Commission if his issue was not resolved or his money refunded. He also considered filing a grievance on the National Consumer Helpline portal but was concerned about the practicality of pursuing a legal case for such a small amount. He worried about getting entangled in complicated legal procedures and incurring costs far greater than the order value itself.

Advice in such cases

Dealing with unresponsive e-commerce companies can be incredibly disheartening. However, consumer protection laws in India are robust and designed to protect individuals even in cases involving small amounts. The principle is to hold businesses accountable for their promises and service quality.

• Document Everything: Keep a record of your order confirmation email, payment receipt, screenshots of the product page and delivery promises, and all communication attempts (emails, call logs if any).
• Send a Formal Notice: A final, formal email or a registered legal notice clearly stating the deficiency in service, the resolution you expect (delivery or refund), and a timeline for them to comply is a crucial step.
• Use Grievance Portals: Filing a complaint on the National Consumer Helpline (NCH) is a good first step. It is an alternative dispute resolution mechanism that can often resolve issues without formal litigation.
• Consider Online Filing: If the NCH process doesn’t yield results, you can file a complaint directly with the Consumer Dispute Redressal Commission through the e-daakhil portal. The process is streamlined for consumer convenience.
• 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

The primary law governing such disputes is the Consumer Protection Act, 2019. The actions of “NourishNow Foods” in this scenario would fall under:

• Deficiency in Service: The failure to ship the product within the promised timeframe and the inability to provide any customer support constitutes a clear deficiency in the service they are obligated to provide.
• Unfair Trade Practice: Advertising a 24-hour dispatch policy without the intention or capability to honor it, and providing non-functional contact information, can be classified as an unfair trade practice designed to mislead the consumer.

While this is primarily a consumer dispute, if a company is found to be systematically deceiving numerous customers with no intention of ever delivering products, it could potentially attract provisions related to cheating under the Bharatiya Nyaya Sanhita (BNS). However, for an isolated case of non-delivery, the Consumer Protection Act is the appropriate and most effective remedy.

If you are the complainant

As the complainant, you are the one driving the case. Your goal is to seek redressal for the financial loss and harassment caused.

• Gather Your Evidence: Systematically arrange all documents, including payment proof, order details, and communication records.
• Draft Your Complaint: Clearly narrate the sequence of events, specify the deficiency in service, and state the relief you are seeking (refund, compensation for mental agony, and litigation costs).
• File via E-Daakhil: The government’s e-daakhil portal allows you to file complaints online from anywhere. The jurisdiction (District, State, or National Commission) depends on the value of the goods and compensation claimed. For a claim under ₹50 lakhs, the complaint lies with the District Commission.
• Pay Nominal Court Fees: The court fee for claims up to ₹5 lakh is nil, making it highly accessible for consumers to seek justice for small amounts.
• 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

As a victim of poor service, remember that the law is on your side. The value of the transaction does not diminish your rights.

• Don’t Be Discouraged: Do not let the small amount of the transaction deter you. Filing a complaint sets a precedent and discourages the company from repeating such behavior with other customers.
• Seek Compensation: Apart from a refund of the order amount, you are entitled to claim compensation for the mental harassment, inconvenience, and any costs you incurred while trying to resolve the issue.
• Be Clear in Your Demands: State precisely what you want – a full refund of ₹250, plus a reasonable amount (e.g., ₹5,000) as compensation for the trouble and harassment.
• 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

For a straightforward case of non-delivery of an online order, the police generally do not have a direct role. This is considered a civil dispute falling under consumer law, not a criminal one. You should approach the Consumer Commission, not the police station. The police would only get involved if there is evidence of a larger criminal conspiracy, such as a fake website set up solely to commit fraud and cheat people on a large scale, which would fall under the Bharatiya Nyaya Sanhita (BNS). In a standard e-commerce dispute, the police will guide you to pursue your case through the consumer courts.

FAQs people normally have

Is it practical to go to the Consumer Commission for just ₹250?
Yes, absolutely. The Consumer Protection Act, 2019, is specifically designed to be accessible. There is no court fee for claims up to ₹5 lakh. The purpose is not just to recover the small amount but to hold the company accountable for its service deficiency.

What are the actual costs involved?
For a self-represented case filed through the e-daakhil portal for a claim of this size, the primary cost is your time and effort. There are no court fees. You might have minimal expenses for printing or affidavits if required. If you hire a lawyer, their professional fees would be an additional cost.

Will I get stuck in endless legal formalities?
The Consumer Commissions are mandated to decide cases expeditiously. While delays can happen, the process is far simpler and faster than traditional civil courts. Many cases, especially where the evidence is clear, are resolved quickly, often with the company offering a settlement once a formal notice from the commission is issued.

What evidence is required?

To build a strong case, you will need the following evidence:

• A digital or physical copy of the invoice or order confirmation.
• Proof of payment (bank statement, credit card statement, or digital wallet transaction history).
• Screenshots of the product page, especially the part mentioning the delivery timeline.
• Copies of all emails and any other written communication exchanged with the company.
• A copy of the legal notice or final warning email you sent to the company.

How long will the investigation take?

The Consumer Protection Act, 2019, aims for a speedy resolution. After you file a complaint, the commission will issue a notice to the opposite party, who then has to reply. The Act prescribes a period of 3 to 5 months for the disposal of cases. With the advent of online hearings, the process has become more efficient. The exact duration can vary based on the complexity of the case and the caseload of the specific commission, but for a straightforward matter like non-delivery, a resolution can be expected within a few months.

Advocate Sudhir Rao, Supreme Court of India