One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X ordered an air conditioner worth Rs. 38,000 from X Electronics online store on DD/MM/YYYY through prepaid payment. The scheduled delivery date was the next day. However, by evening on the delivery date, Mr.X received a message stating “your order has been delivered” despite never receiving the product. No delivery partner contacted him, no OTP was requested, and no one came to his address. When he checked with X Electronics customer service, they insisted the order was marked as delivered in their system. The company refused to investigate further or provide refund, claiming their delivery partner confirmed successful delivery. This left Mr.X without his expensive purchase and out of pocket, facing what appeared to be a systematic fraud where orders are marked delivered without actual delivery.

Advice in Such Cases

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 to 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.

• Document everything immediately – take screenshots of order confirmation, delivery status, payment receipts
• File complaint with consumer forum as this constitutes deficiency in service
• Report to cyber crime cell as online fraud involving false delivery confirmation
• Contact your bank/payment gateway to dispute the transaction and seek chargeback

Applicable Sections of Law

This case involves multiple legal violations under Bharatiya Nyaya Sanhita (BNS). Section 316 covers cheating and dishonestly inducing delivery of property. Section 318 applies to cheating with knowledge that wrongful loss may be caused. Section 61 deals with criminal breach of trust where the company received money but failed to deliver goods. Under BNSS (Bharatiya Nagarik Suraksha Sanhita), Section 173 allows filing of complaint for economic offenses. Additionally, Consumer Protection Act provisions apply for deficiency in service and unfair trade practices by the e-commerce platform and delivery partner.

If You Are the Complainant

• Immediately file police complaint under Section 316 BNS for cheating and Section 318 for fraudulent delivery marking
• Lodge consumer complaint within two years citing deficiency in service and unfair trade practice
• File cyber crime complaint as this involves digital fraud through false delivery confirmation system
• Send legal notice to both e-commerce company and delivery partner demanding refund within 15 days
• Preserve all digital evidence including order history, payment confirmations, and communication records

If You Are the Victim

• Contact customer service immediately and demand escalation to senior management with written complaint
• Request delivery proof including GPS location, delivery photo, and recipient signature from company
• Check with neighbors and building security if package was delivered to wrong address
• File complaint on National Consumer Helpline and company’s grievance portal simultaneously
• Approach consumer forum for compensation including mental harassment and litigation costs

How the Police Behave in Such Cases

Police typically treat online shopping fraud seriously when substantial amounts are involved. They may initially suggest approaching consumer forum but will register FIR under pressure. Investigation involves contacting e-commerce platform and delivery partner for transaction records. Police examine GPS tracking data, delivery photographs, and digital evidence. They often coordinate with cyber crime cells for technical investigation. However, recovery depends on cooperation from companies involved and availability of digital evidence.

FAQs People Normally Have

Can I get my money back? Yes, through consumer forum, police complaint, or bank chargeback mechanism within specified timeframes.

Is this criminal or civil matter? It’s both – criminal fraud under BNS and civil matter under Consumer Protection Act.

How long does resolution take? Consumer forum cases typically take 6-12 months, while police investigation may take longer depending on cooperation.

Can delivery partner be held liable? Yes, if they falsely marked delivery without actual delivery, they’re equally responsible for fraud.

What Evidence Is Required?

• Order confirmation email and receipt showing payment made
• Screenshots of delivery status showing “delivered” without actual receipt
• Bank/payment gateway transaction records proving payment
• Communication records with customer service and their responses
• CCTV footage from building/area showing no delivery occurred
• Witness statements from family/neighbors confirming non-delivery
• GPS tracking data from delivery partner if available

How Long Will the Investigation Take?

Police investigation typically takes 3-6 months depending on company cooperation and evidence availability. Consumer forum proceedings usually conclude within 6-12 months. Cyber crime investigation may take longer due to technical analysis requirements. Most cases settle during consumer forum mediation stage when companies face legal pressure and potential adverse orders.

Advocate Sudhir Rao, Supreme Court of India