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

Ms. Anika Sharma, a resident of Nagpur, recently faced a frustrating situation with an online retailer. She had ordered a specific designer necklace from an e-commerce website called ‘Regal Adornments’. However, when the package arrived on June 15, 2024, she discovered they had sent her a completely different design. Upon contacting their customer support, she was informed that she would have to pay an additional ₹150 as a “reverse shipping fee” to have the item exchanged for the correct one.

Alternatively, if she opted for a refund, the company stated they would deduct the same ₹150 from her original payment and issue the remaining amount as a store credit, which could only be used for future purchases on their platform. Ms. Sharma felt this was unjust, as the error was entirely on the seller’s part. She had ordered the correct item, but the company failed to deliver it. This raises a critical question: is it legal for a seller to penalize a customer for their own mistake?

Advice in such cases

When an online seller sends the wrong product, the liability for correction lies entirely with them. Forcing a customer to pay for an exchange or deducting money from a refund for a mistake made by the seller can be considered an unfair trade practice. Here is some advice:

• Do not agree to pay any additional charges. Clearly communicate to the seller in writing (email is best for record-keeping) that the mistake was theirs and they are obligated to provide a free exchange or a full refund.
• Review the seller’s return and exchange policy published on their website. Sometimes, companies try to hide such unfair clauses in their terms and conditions. However, even if such a clause exists, it can be challenged as being unfair and arbitrary under consumer protection laws.
• If the seller refuses to cooperate, inform them that you will be filing a formal complaint with a consumer dispute redressal commission.
• 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 key concepts applicable here are:

• Deficiency in Service [Section 2(11)]: Sending the wrong product is a clear case of “deficiency,” which means 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.
• Unfair Trade Practice [Section 2(47)]: Forcing a consumer to pay for the seller’s mistake, or imposing unfair conditions like deducting charges from a refund for a faulty delivery, falls under the definition of an unfair trade practice.
• Consumer Rights: The Act protects a consumer’s right to be informed, the right to choose, and the right to be heard and seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.

If you are the complainant

If you are the one who has received the wrong item and the seller is not cooperating, you are the complainant. Here are the steps you should take:

• Send a Legal Notice: The first formal step is to have a lawyer draft and send a legal notice to the seller’s registered office. This notice should detail the entire issue, the seller’s mistake, your demand (free exchange or full refund), and a warning that you will initiate legal proceedings if the matter is not resolved within a specific timeframe (e.g., 15 or 30 days).
• Gather All Evidence: Collect all documents related to the transaction, including the order confirmation email, payment receipt, screenshots of the product ordered, photos of the wrong product received, and all communication with the customer support team.
• File a Consumer Complaint: If the seller does not comply after receiving the notice, you can file a complaint with the appropriate Consumer Dispute Redressal Commission. The jurisdiction depends on the value of the goods:
  • District Commission: For claims up to ₹50 lakh.
  • State Commission: For claims between ₹50 lakh and ₹2 crore.
  • National Commission: For claims above ₹2 crore.
• 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 in this scenario, your immediate actions are crucial. Here’s a focused approach:

• Document Everything Immediately: As soon as you receive the wrong item, take clear photos and videos of the product and its packaging. Capture the shipping label as well.
• Communicate in Writing: Avoid phone calls for raising the issue. Use email or the official support chat on the seller’s website. Clearly state the problem, provide your order number, and attach the evidence you have collected. Explicitly demand a pre-paid return label for the wrong item and a free replacement or a full monetary refund to your original payment source.
• Do Not Accept Unfair Terms: Politely but firmly refuse to pay any extra charges or accept store credit. State that under the Consumer Protection Act, 2019, they are liable for their error.
• 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 such cases, the police generally do not have a direct role. This is considered a civil dispute between a consumer and a service provider, not a criminal offense. If you approach a police station, they will likely advise you that it is a consumer matter and direct you to file a complaint with the consumer court. Police intervention would only be warranted if there is a clear element of criminal fraud or cheating, for instance, if a company is set up with the sole intention of duping customers, which would fall under Section 318 of the Bharatiya Nyaya Sanhita (BNS). For a simple case of a wrong product being delivered, the consumer commission is the correct forum.

FAQs people normally have

• Can a company legally charge me for their mistake?
  No. A seller cannot legally charge a customer for an exchange or deduct money from a refund when the fault lies with the seller. This is a deficiency in service.
• Is it legal for a company to only offer store credit instead of a refund?
  While companies can have policies offering store credit, in a case where they are at fault (like sending a wrong or defective item), the consumer is entitled to demand a full refund to their original mode of payment. You are not obligated to accept store credit.
• Do I need a lawyer to file a consumer complaint?
  While you can file a complaint on your own, hiring a lawyer is highly recommended. A lawyer can draft the complaint correctly, represent you effectively, and navigate the legal procedures, which significantly increases your chances of a favourable and speedy outcome.

What evidence is required?

To build a strong case, you must have solid evidence. The following documents are essential:

• The original invoice or receipt of your purchase.
• Screenshots of the product page from the website at the time of ordering.
• The order confirmation email or message.
• Clear photographs or a video of the incorrect item you received, preferably showing it alongside the shipping box and label.
• A complete record of all communication with the seller’s customer support, including emails, chat transcripts, or call recordings (if permissible).
• A copy of the legal notice sent to the company and the postal receipt.

How long will the investigation take?

The timeline for resolving a consumer complaint can vary. After filing a complaint, the commission sends a notice to the opposite party, who then files a reply. The process involves presenting evidence and arguments. The Consumer Protection Act, 2019, aims for an expeditious disposal of cases. Ideally, a case should be decided within 3 to 5 months if no complex analysis or testing is required. However, due to the workload of the commissions, it can sometimes take longer, possibly up to a year or more in some cases. Having a lawyer can help expedite the process by ensuring all filings are done correctly and on time.

Advocate Sudhir Rao, Supreme Court of India