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

Mr. Rohan Mehra found himself in a frustrating situation recently. His aunt, Mrs. Geeta Sharma, ordered ethnic wear worth approximately ₹5,000 from an online store named “Desi Threads,” which also operates under the business name “Kalakriti Exports” in Jaipur. Excited by the advertised high-quality products, she placed the order without a second thought.

However, the package that arrived was a huge disappointment. The sizes of the garments were completely wrong, and the fabric quality was abysmal, bearing no resemblance to the premium materials shown on the website. When Mr. Mehra stepped in to help, his attempts to contact the company were met with a wall of silence. Multiple emails, reminder messages, and over five phone calls during their stated business hours went unanswered. This was particularly vexing as the store’s own website clearly stated a policy for refunds and exchanges on defective or incorrect items. Now, Mr. Mehra is exploring his legal options to get a refund and hold the fraudulent seller accountable.

Advice in such cases

• Gather all documentation immediately. This includes the order confirmation email, payment receipt or bank statement, screenshots of the product page, and the company’s return policy.
• Take clear photographs and videos of the products you received, highlighting the defects, poor quality, and incorrect sizing.
• Send a formal, written complaint to the seller’s registered email and physical address (if available), clearly stating the issue and demanding a refund. This creates a paper trail.
• If there is no response, file a complaint on the National Consumer Helpline (NCH) portal. This is an official government platform for grievance redressal.
• If the issue remains unresolved, the next step is to file a formal complaint with the Consumer Disputes Redressal Commission (Consumer Court) through the E-Daakhil portal.
• 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 seller’s actions can be classified as:

• Unfair Trade Practice: Misleading advertisements about the quality and standards of the goods.
• Deficiency in Service: Failure to adhere to their own refund/exchange policy and ignoring customer communication.
• Sale of Defective Goods: Providing products that do not match the description or are not of the quality represented.

Furthermore, if there is evidence of a deliberate intention to deceive from the outset, it may also constitute a criminal offense of cheating under Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

If you are the complainant

• Organize all your evidence chronologically. Create a timeline of events from placing the order to your attempts to contact the seller.
• Do not engage in abusive or threatening communication. Keep all correspondence professional and factual.
• Preserve all digital evidence, including screenshots of their social media pages and advertisements, as they might delete them later.
• Draft a clear and concise complaint for the consumer portal, detailing the financial loss and mental harassment caused.
• 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

• Do not blame yourself for falling for the scam. These sellers are often very sophisticated in their marketing.
• Immediately report the transaction to your bank or credit card company, although a chargeback may be difficult if you have received a product, even if it’s defective.
• Follow the guidance of the person assisting you (like a family member or lawyer) and provide them with all necessary information promptly.
• Be prepared to be a witness in the consumer court proceedings if the case is filed. Your direct testimony about the purchase and the product is crucial.
• 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

Initially, the police may view such a dispute as a civil matter and direct you to the Consumer Court, as it is the specialized forum for such grievances. However, if you can demonstrate a clear pattern of fraud (for example, by showing them multiple similar complaints against the same seller online) or if the seller is completely untraceable after taking the money, the police may be persuaded to register a First Information Report (FIR) for cheating under Section 318 of the BNS. Their involvement becomes more likely when the fraudulent intent is obvious and it’s not just a simple case of a defective product.

FAQs people normally have

What evidence is required?

To build a strong case, you will need:

• The invoice or order confirmation.
• Proof of payment (bank statement, UPI transaction screenshot, credit card statement).
• Screenshots of the product listing from the website or app, showing the advertised image and description.
• Photographs and videos of the item you received, clearly showing the defects.
• A copy of all communication attempts (emails sent, call logs).
• A copy of the seller’s return/refund policy from their website.

How long will the investigation take?

The timeline can vary. Proceedings in the Consumer Court are designed to be relatively swift and can take anywhere from 6 to 18 months, depending on the complexity and the workload of the commission. A police investigation, if an FIR is filed, does not have a fixed timeline and depends on factors like locating the accused and gathering evidence across jurisdictions.

Advocate Sudhir Rao, Supreme Court of India