Ms. Anjali Sharma, a resident of Jayanagar, recently faced a frustrating situation that is becoming increasingly common for online shoppers. She purchased a Kurta Set worth ₹3,500 from a popular online store, “Aadrika Fashions.” Upon receiving the order on June 5th, 2024, she found that the size was incorrect and immediately initiated a return request on their website the very same day.

The pickup was assigned to “SwiftShip Logistics,” the designated courier partner. However, the ordeal began when the pickup was repeatedly rescheduled without any clear reason. After several days of waiting and multiple automated messages about delays, the pickup request was abruptly cancelled by the system. By this time, the 7-day return window offered by Aadrika Fashions had expired, leaving Ms. Sharma unable to raise a new request.

She diligently tried to resolve the issue by contacting the customer service departments of both Aadrika Fashions and SwiftShip Logistics more than a dozen times through emails, calls, and social media channels. Despite her persistent efforts and having been available for the pickup every single day, she received no concrete solution. The company’s failure to facilitate the return, which was initiated well within the policy period, has left her with an unusable product and a financial loss.

Advice in such cases

When an e-commerce company and its logistics partner fail to honor a legitimate return request, it constitutes a deficiency in service. Here is some advice on how to proceed:

• Document Everything: Keep a record of all communication. This includes screenshots of the order, the return request confirmation, emails, chat transcripts, and call logs with dates and times.
• Send a Final Written Communication: Draft a formal email to the company’s grievance officer or legal department. Clearly state the facts, mention your order number, the timeline of events, and attach all the evidence you have collected. Give them a specific deadline (e.g., 7-10 days) to resolve the matter and process your refund.
• Utilize Social Media: Sometimes, publicizing the issue on platforms like Twitter or LinkedIn by tagging the company’s official handles can expedite a response, as brands are sensitive to their public image.
• File a Consumer Complaint: If the company fails to respond or resolve the issue within your given deadline, you can file a formal complaint with the Consumer Dispute Redressal Commission (Consumer Forum).
• 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 primarily falls under the purview of the Consumer Protection Act, 2019. The key concepts applicable here are:

• Deficiency in Service: The failure of the online store and the courier company to perform their duty of picking up the return item and processing the refund is a clear “deficiency in service” under the Act.
• Unfair Trade Practice: By creating a system where the return window closes due to the seller’s or their agent’s own delays, the company is engaging in an “unfair trade practice.”
• Consumer Rights: Your rights as a consumer, including the right to be heard and the right to seek redressal against unfair trade practices, have been violated.

If you are the complainant

As the complainant (the consumer), you are the one driving the action. Here are the steps to follow:

• Compile Your Evidence: Gather all documents in chronological order—invoice, payment confirmation, delivery proof, screenshots of the return request, all subsequent emails and messages about pickup delays and cancellation.
• Send a Legal Notice: While not mandatory before filing a consumer case, sending a well-drafted legal notice through a lawyer often results in a quick settlement. The notice outlines your grievance and demands a resolution (refund, compensation for harassment) within a stipulated time, failing which you will initiate legal proceedings.
• File a Complaint Online: You can file a complaint electronically through the E-Daakhil portal (edaakhil.nic.in) for the appropriate Consumer Commission based on the value of the goods and compensation claimed.
• State Your Claim Clearly: In your complaint, you should not only ask for the refund of the product amount (₹3,500 in this case) but also claim compensation for the mental agony, harassment, and costs incurred in pursuing the matter.
• 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 the victim of such a practice, your immediate steps should be focused on building a strong case for yourself.

• Stop Verbal Communication: Insist on written communication (email) for all future interactions so that you have a clear paper trail. If you must call, follow up with an email summarizing the conversation.
• Do Not Tamper with the Product: Keep the product in its original condition with all tags and packaging intact. Take clear photos and videos of the product to show it is unused and in a returnable state.
• Check the Company’s Policy: Take screenshots of the company’s return and refund policy as stated on their website at the time of the incident. This can be used as evidence to show they are not adhering to their own terms.
• 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

It is important to understand that this is a consumer dispute, which is civil in nature, not a criminal one. The police have a very limited role, if any. If you approach a police station, they will likely inform you that they do not have jurisdiction over such matters and will advise you to approach the Consumer Commission. Police intervention would only be warranted if there were elements of criminal fraud, cheating (as defined with criminal intent under the Bharatiya Nyaya Sanhita), or criminal breach of trust, which is difficult to establish in standard e-commerce disputes.

FAQs people normally have

What evidence is required?

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

• The original invoice or bill for the product.
• Proof of payment (bank statement, credit card statement, or digital wallet transaction history).
• Screenshots of the product page and the company’s return policy.
• Confirmation email or screenshot of the return request you initiated.
• All communication with customer service, including emails, chat logs, and records of call dates/times.
• Screenshots of the tracking page showing the repeated rescheduling and final cancellation of the pickup.
• A copy of the legal notice sent (if any) and the postal receipts.

How long will the investigation take?

The timeline for a consumer case can vary. After filing the complaint, the Commission will issue a notice to the opposite party (the company). They are given a chance to reply. The process involves submission of evidence and arguments. While the Consumer Protection Act, 2019, aims for speedy disposal of cases, a typical case in a District Commission can take anywhere from 6 months to over a year to reach a final decision, depending on the complexity of the case and the workload of the Commission.

Advocate Sudhir Rao, Supreme Court of India