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

A seventeen-year-old student, Aarav, from Pratapgarh, recently shared a distressing experience with an e-commerce platform. During a major online sale event hosted by ‘MegaMart Online’, he ordered a critical textbook for his upcoming national science olympiad. Upon delivery, he discovered that the book was defective—the cover was torn, and the pages were yellowed and of poor quality. Within an hour of receiving the package, he initiated a replacement request.

The initial delivery estimate for the replacement was unusually long. When Aarav contacted MegaMart’s customer service, he was assured of a timely delivery. However, the seller, ‘Reliable Reads’, abruptly cancelled the replacement order without any valid reason. Following the advice of customer service, Aarav initiated the replacement process again, with only one day left in the replacement window. Despite his specific request to the support team to prevent another cancellation, the seller cancelled the order for a second time. This time, the cancellation occurred after the official replacement window had expired, leaving Aarav with a defective product and no straightforward way to get a new one.

Frustrated with the lack of resolution, Aarav informed the customer service team of his intent to escalate the matter to a consumer court. In response, the team proposed a supposed solution: they would issue a refund, and he could re-order the book. They claimed the price of the textbook had not changed. However, upon checking the product listing, Aarav found that the price had significantly increased. When he confronted them with this discrepancy, they offered to cover the price difference as a special concession. Aarav, feeling harassed and dismissed, demanded two things: punitive action against the seller for the repeated, bad-faith cancellations and a formal written apology with adequate compensation for his mental distress and wasted time. The company refused both demands, insisting that their offer to cover the price difference was sufficient.

Advice in such cases

When you are facing a similar situation with an e-commerce platform or a seller, it is important to act methodically to protect your rights.

• Document Everything: Keep a record of all communications. This includes screenshots of your order details, product page, cancellation notifications, and chats with customer service. Save all email correspondence.
• Send a Formal Complaint: Use the platform’s official grievance redressal mechanism. Clearly state the facts, the problem, and the resolution you expect. Refer to your previous communication attempts.
• Issue a Legal Notice: If the grievance redressal mechanism fails, the next step is to send a formal legal notice through a lawyer. This notice outlines your complaint, the deficiency in service, the relief sought, and a deadline for the company to comply. This is often enough to compel a company to resolve the issue.
• 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

Such cases are primarily governed by the Consumer Protection Act, 2019. The key concepts that apply here are:

• Deficiency in Service: Under Section 2(11) of the Act, cancelling a confirmed replacement order without cause and providing inadequate customer support amounts to a ‘deficiency in service’ by both the seller and the e-commerce platform.
• Unfair Trade Practice: As defined in Section 2(47), misleading the consumer about the price of the product after suggesting a re-order can be considered an ‘unfair trade practice’.
• Product Liability: The platform and the seller are both responsible for the quality of the product delivered. Selling a damaged or defective item is a clear violation of consumer rights.
• Rights of Consumers: Section 2(9) outlines consumer rights, including the right to be protected against the marketing of goods which are hazardous to life and property, the right to be informed about the quality and price of goods, and the right to seek redressal against unfair trade practices.

If you are the complainant

As the person filing the complaint, your goal is to build a strong case to present before the consumer commission.

• Gather Your Evidence: Compile all your documents in chronological order. This includes the invoice, photos of the defective product, screenshots of the order history, cancellation messages, and all chat/email transcripts.
• Draft a Clear Complaint: Your complaint should narrate the entire sequence of events, specify the deficiency in service and unfair trade practices, and clearly state the relief you are seeking (e.g., replacement, refund, compensation for mental agony, litigation costs).
• File the Complaint: You can file a complaint with the District Consumer Disputes Redressal Commission. The government’s e-Daakhil portal allows for online filing of consumer complaints, making the process more accessible. A minor can file a complaint through their parents or a legal guardian.
• 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 are a victim of poor service and unfair practices is the first step. Here is how to proceed to ensure accountability.

• Understand Your Rights: As a consumer, you have the right to receive the product you paid for in good condition. You are also entitled to fair and prompt customer service.
• Quantify Your Loss: Your loss isn’t just the cost of the book. It includes the time you wasted, the mental stress and frustration you endured, and any other opportunities you lost while dealing with the issue. This forms the basis for your claim for compensation.
• Seek Punitive Action: In your complaint, you can ask the commission to impose punitive damages on the company. This is not just to compensate you, but to punish the company for its negligent behaviour and deter it from repeating such actions with other customers.
• 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

Consumer disputes are civil in nature, not criminal. Therefore, the police generally do not have a direct role to play in resolving such matters. Approaching the police for a defective product or poor service will likely result in them directing you to the consumer courts. Police intervention would only be warranted if there is clear evidence of a criminal offense like cheating (under Section 318 of the Bharatiya Nyaya Sanhita, 2023) or criminal breach of trust, which requires a higher burden of proof than a deficiency in service. For disputes like Aarav’s, the Consumer Commission is the appropriate and designated forum.

FAQs people normally have

What evidence is required?

Strong evidence is crucial for a successful consumer complaint. You will need:

• Proof of Purchase: The original invoice or receipt for the order.
• Proof of Defect: Clear photographs or videos of the damaged product taken as soon as it was received.
• Communication Records: Screenshots of all chat conversations with customer support, all email threads, and records of cancellation notifications.
• Product Listing Details: Screenshots of the product page, including its price at the time of order and the increased price later.
• Legal Notice: A copy of the legal notice sent to the company and any reply received.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a speedy trial. The law aims for complaints to be decided within three months of the date of receipt of notice by the opposite party, or within five months if the case requires product testing. However, in practice, the timeline can vary depending on the complexity of the case, the workload of the commission, and procedural delays. Filing through the e-Daakhil portal and having a lawyer represent you can help expedite the process.

Advocate Sudhir Rao, Supreme Court of India