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 purchased a dress worth Rs. 7,000 from X.Fashion, an online fashion retailer. When the dress didn’t fit properly, he immediately requested a return on the same day of delivery. After four to five days, a representative from X.Fashion arrived to collect the returned item. All quality checks were completed successfully, and the product was returned in perfect condition. However, despite the successful return process, Mr.X did not receive his refund even after one month of waiting. Multiple attempts to contact X.Fashion’s customer service through chat and calls yielded no satisfactory response. The company kept giving false promises about processing the refund but never followed through, essentially defrauding Mr.X of his money while retaining the returned merchandise.

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 all communications with the seller including screenshots, emails, and chat records
• File a complaint with the Consumer Protection Forum immediately as time limitations apply
• Report the fraud to your bank or payment gateway for chargeback if payment was made online

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), several provisions apply to such cases. Section 318 deals with cheating and fraudulent practices in commercial transactions. Section 319 covers dishonest misappropriation of property, which applies when the seller retains both the product and payment. The Consumer Protection Act, 2019 provides additional remedies for unfair trade practices. Under BNSS, Section 173 allows for filing complaints in economic offenses. These laws collectively provide comprehensive protection against online shopping frauds and ensure consumers have multiple legal avenues for seeking justice.

If You Are the Complainant

• File a complaint with the District Consumer Forum within two years of the transaction date
• Submit all purchase receipts, return confirmations, and communication records as evidence
• File an FIR under BNS Section 318 for cheating if the amount is substantial
• Approach the e-commerce platform where the seller operates to report fraudulent practices
• Consider filing a civil suit for recovery of money with interest and damages

If You Are the Victim

• Immediately contact your bank or credit card company to dispute the transaction and request chargeback
• File an online complaint on the National Consumer Helpline portal for quick resolution
• Report the fraudulent seller to the concerned e-commerce marketplace for investigation
• Gather all digital evidence including screenshots, emails, and transaction details before they disappear
• Consider joining other victims to file a class action suit if multiple people are affected

How the Police Behave in Such Cases

Police typically treat online shopping frauds as economic offenses and may initially suggest civil remedies. They often require substantial evidence and may ask for technical details about the transaction. Officers usually verify the complaint’s authenticity by checking transaction records and communication proof. Some police stations have cyber crime cells that handle such cases more efficiently. However, for amounts below Rs. 20,000, they might recommend consumer forum proceedings instead of criminal action.

FAQs People Normally Have

Can I get my money back without going to court? Yes, consumer forums provide faster and cost-effective remedies compared to regular courts.

What if the seller is from another state? You can file complaints in your local consumer forum regardless of seller’s location under Consumer Protection Act.

Is there a time limit for filing complaints? Consumer complaints must be filed within two years, while criminal complaints should be filed immediately.

Can I claim compensation beyond the purchase amount? Yes, consumer forums can award compensation for mental agony and litigation expenses.

What Evidence Is Required?

• Original purchase receipt or order confirmation email showing transaction details
• Screenshots of return policy and terms and conditions at the time of purchase
• Proof of return including pickup receipts and quality check confirmations
• Communication records including chat transcripts, emails, and call logs with customer service
• Bank or payment gateway statements showing the deducted amount
• Photographs of the returned product in original condition
• Any written promises or commitments made by the seller regarding refund timelines

How Long Will the Investigation Take?

Consumer forum proceedings typically take 3-6 months for resolution depending on case complexity. Police investigations in fraud cases may take 2-4 months if sufficient evidence is provided. Civil court proceedings can extend from 6 months to 2 years. E-commerce platform investigations usually conclude within 15-30 days. The timeline significantly depends on the cooperation of the accused party and availability of evidence.

Advocate Sudhir Rao, Supreme Court of India