Mr. Ajay Kumar from Mirpur placed an order with an online company, “KiddoKart Essentials,” on May 15th for approximately ₹2,500. This amount also included a three-month subscription to their exclusive club membership. The order was divided into two parts, with promised delivery dates of May 20th and 21st. However, these dates passed, and the estimated delivery date (EDD) on the company’s app began to shift daily.

Frustrated, Mr. Kumar raised multiple service tickets and contacted customer care via calls and emails. He inquired if the logistical problems were significant, offering to cancel and place a new order to take advantage of ongoing offers. The company representatives advised him to be patient, assuring him the issue was escalated and his order would arrive “at the earliest.” After a week of delays, he contacted the company’s grievance officer to demand compensation and a swift resolution. In response, the customer care team sent an email stating, “The delay was because of unavoidable logistical issues and provision of compensation is not in our Company policy.”

Infuriated by the company’s lack of accountability, Mr. Kumar filed a grievance on the National Consumer Grievance Portal. As the EDD on the app continued to change, he followed up with the portal after another week of silence from KiddoKart Essentials. Soon after, he began receiving calls from the company’s team providing tracking updates that were already visible on the app. When he pressed the issue of compensation again, he received the same generic response about it not being their policy, though they promised to “share his feedback with the team.” The order was finally delivered on June 15th, nearly a month after the promised date. Mr. Kumar is now considering his legal options for the significant delay and the company’s refusal to offer any compensation.

Advice in such cases

When faced with such a situation involving deficiency in service from an e-commerce company, it is crucial to act systematically to protect your rights as a consumer.

• Document Everything: Keep a detailed record of all communications. This includes order confirmations, emails, screenshots of the changing delivery dates, records of calls (date, time, and summary of conversation), and any service tickets you have raised.
• Formal Communication: Ensure all important communication is in writing (email). This creates a paper trail that can be used as evidence. If you speak to customer service on the phone, follow up with an email summarizing the conversation and what was promised.
• Send a Legal Notice: Before approaching a consumer court, it is advisable to send a well-drafted legal notice to the company through a lawyer. This notice should clearly state the grievance, the deficiency in service, the loss or harassment caused, and the relief sought (refund, replacement, compensation). Often, a formal legal notice prompts companies to resolve the issue to avoid litigation.
• File a Consumer Complaint: If the company fails to respond satisfactorily to the legal notice, you can file a complaint before the appropriate District Consumer Disputes Redressal Commission.
• Consult with Lawyer: 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 case is primarily governed by the Consumer Protection Act, 2019. The relevant concepts and sections include:

• Section 2(11) – ‘Deficiency’: This section defines deficiency as any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. The excessive delay in delivering the product well past the promised date clearly amounts to a deficiency in service.
• Section 2(47) – ‘Unfair Trade Practice’: This includes practices that adopt unfair methods or deceptive practices for the purpose of promoting the sale, use or supply of any goods or for the provision of any service. While the delay itself is a deficiency, a consistent pattern of false assurances about delivery could potentially be argued as an unfair trade practice.
• Right to Seek Redressal: Under the Act, a consumer has the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers. You can file a complaint seeking compensation for the financial loss, mental agony, and harassment caused.

If you are the complainant

As the complainant, your goal is to prove that the company failed to provide the service it promised and that this failure caused you inconvenience and loss. Your actions should be focused on building a strong case.

• Gather All Evidence: Systematically arrange all your documents: the order confirmation email, payment receipt, screenshots of the app showing the initial and subsequent changing delivery dates, and all email correspondence with customer care and the grievance officer.
• Draft a Clear Complaint: Your complaint to the Consumer Commission should be clear and concise. It must include a timeline of events, details of the deficiency in service, the company’s refusal to provide compensation, and the specific relief you are seeking (e.g., compensation for delay, mental harassment, and litigation costs).
• Quantify Your Claim: You must specify the amount of compensation you are seeking. This should be a reasonable amount covering not just the product’s value but also the mental distress and inconvenience caused by the prolonged delay and poor customer service.
• Consult with Lawyer: 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 deficient service, you have specific rights under the Consumer Protection Act, 2019. It is important to understand that you are not helpless and the law provides a mechanism for redressal.

• Understand Your Rights: You have the right to receive the goods and services you paid for in a timely manner as promised by the seller. A significant delay without proper justification is a violation of this right.
• Do Not Accept Generic Excuses: Company policies stating “no compensation” do not override the law of the land. The Consumer Protection Act empowers commissions to award compensation for deficiency in service, regardless of what a company’s internal policy might state.
• Seek Compensation for Harassment: The ordeal of constantly following up, dealing with unhelpful customer service, and the anxiety caused by the delay are grounds for seeking compensation for mental agony and harassment, in addition to any refund or other relief.
• Consult with Lawyer: 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 cases of service deficiency, such as delayed delivery by an e-commerce company, are civil matters. The police do not have jurisdiction over such disputes. Their role is limited to criminal matters. You should not approach the police for such an issue, as they will rightly direct you to the Consumer Commission. Police intervention would only be warranted if there was a clear element of criminal fraud or cheating (e.g., taking money with no intention of ever delivering the product), which is a much higher bar to prove and does not appear to be the case here.

FAQs people normally have

• Is it worth going to the Consumer Commission for a small amount?
  Yes. The Consumer Protection Act is designed to be accessible even for small claims. Filing a complaint sends a message to companies that they cannot take consumers for granted. The commission can also award costs of litigation.
• Can I file the complaint myself without a lawyer?
  Yes, the procedure before the Consumer Commission is simplified, and you can represent your own case. However, hiring a lawyer who specializes in consumer law can significantly improve your chances of success, as they are familiar with the procedures and legal precedents.
• What kind of compensation can I claim?
  You can claim a refund (if applicable), compensation for the financial loss suffered, compensation for the mental agony and harassment, and the costs incurred in filing the complaint.
• Does the National Consumer Grievance Portal have the power to award compensation?
  The portal is primarily a mediation platform to facilitate communication between the consumer and the company. It does not have the authority of a court to adjudicate or award compensation. If the issue is not resolved through the portal, the next step is to approach the Consumer Commission.

What evidence is required?

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

• The invoice or order confirmation email as proof of purchase.
• Proof of payment (bank statement, credit card statement, or digital wallet transaction details).
• Screenshots from the company’s website or app showing the originally promised delivery date.
• Screenshots showing the repeatedly postponed delivery dates.
• Copies of all email communications with the company’s customer service and grievance officer.
• A record of phone calls made, including dates, times, and the names of the representatives you spoke with, if possible.
• A copy of the legal notice sent to the company and any reply received.

How long will the investigation take?

The term “investigation” is more relevant to criminal cases. In a consumer complaint, the process is called “adjudication.” The Consumer Protection Act, 2019, mandates that the commissions should strive to decide cases within three to five months from the date of admission of the complaint. However, due to the high volume of cases, the process can sometimes take longer. The timeline depends on various factors, including the complexity of the case, the responsiveness of the opposite party, and the workload of the specific commission. Sending a strong legal notice can often lead to a much faster resolution without needing to go through the entire adjudication process.

Advocate Sudhir Rao, Supreme Court of India