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

Ms. Anjali Verma, a resident of Nagpur, recently faced a distressing situation with an online shopping portal, “UrbanStyle Bazaar.” She ordered a pair of premium “Eclat” brand sunglasses, which were listed as a non-refundable item on the website. The product description explicitly mentioned that the sunglasses would be delivered with a protective brand case.

Upon delivery, Ms. Verma was shocked. The sunglasses arrived in a large, unbranded plastic packet. Inside, the product was merely wrapped in a thin plastic film, with no brand box, authenticity card, or purchase bill. The sunglasses were covered in dust and fingerprints, leading her to believe they were either used or counterfeit. The promised brand case was also missing.

She immediately contacted UrbanStyle Bazaar’s customer support, providing them with all the details. The company’s response was evasive, stating they would “enquire about it” without offering a concrete solution. Frustrated with the delay and lack of resolution, Ms. Verma, who had an unboxing video and photographs as proof, informed the company of her intent to file a complaint in the consumer court. Only then did UrbanStyle Bazaar agree to accept a return. However, they refused to refund her money, offering only store credit to be used for future purchases on their platform. Ms. Verma is now seeking guidance on how to secure a full monetary refund.

Advice in such cases

When you receive a product that is fake, damaged, or significantly different from its description, you have clear rights as a consumer. Forcing a customer to accept store credit instead of a refund for a faulty or misrepresented product can be considered an unfair trade practice.

• Document Everything: Keep records of your order, payment confirmation, product description screenshots, photos/videos of the received item, and all communication with the seller.
• Formal Communication: Send a formal email or letter to the company’s grievance officer, clearly stating the issue and your desired resolution (a full refund).
• 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 applicable here are:

• Deficiency in Service: The failure to provide the product as promised (e.g., missing brand case and box) and the poor customer service response constitute a deficiency in service.
• Unfair Trade Practice: Selling a fake or used product as new and genuine, and refusing a refund by offering only store credit, are considered unfair trade practices under the Act.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If there is clear evidence of fraudulent intent from the beginning, provisions related to cheating (Section 318 of BNS) could also be invoked, turning it into a criminal matter.

If you are the complainant

As the complainant, you need to follow a structured approach to ensure your grievance is addressed effectively.

• Send a Legal Notice: Your lawyer can draft and send a formal legal notice to the company. This notice will outline the entire issue, the deficiency in service, the financial loss, and the mental harassment caused. It will demand a full refund within a specified period (e.g., 15 or 30 days), failing which you will initiate legal proceedings.
• File a Consumer Complaint: If the company fails to respond to the legal notice, you can file a complaint before the appropriate Consumer Disputes Redressal Commission. This can be done online through the E-Daakhil portal or offline at the district 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.

If you are the victim

Realizing you’ve been scammed can be stressful. Here’s how to handle the situation calmly and effectively.

• Do Not Tamper with Evidence: Keep the product and all its packaging exactly as you received it. Do not try to clean or fix it.
• Organize Your Proof: Systematically arrange all your evidence, including the unboxing video, pictures, emails, and chat transcripts. This will be crucial for your case.
• Reject Unfair Offers: Do not feel pressured to accept offers like store credit if you are entitled to a full refund. Politely but firmly state your demand for a monetary refund to your original payment method.
• 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 matters of online shopping disputes, the police may initially view it as a civil issue and direct you to the Consumer Commission. Their involvement typically happens when a clear criminal offense, like organized fraud or cheating under the BNS, is evident. If you file a complaint, they may register a First Information Report (FIR) under Section 318 of the BNS for cheating. However, the process can be slow, and for a straightforward refund case, the consumer court is often the more direct and effective route.

FAQs people normally have

Can the company force me to take wallet credit instead of a cash refund?

No. If the company is at fault for sending a fake, defective, or incorrect item, you are entitled to a full refund to your original mode of payment. Forcing you to accept store credit is an unfair trade practice under the Consumer Protection Act.

What if the product was marked “non-refundable”?

A “non-refundable” policy typically applies to cases of buyer’s remorse (e.g., you changed your mind or didn’t like the product). It does not apply if the seller has sent a counterfeit, damaged, or fundamentally different product than what was advertised. In such cases, the seller has breached the contract of sale, and the non-refundable clause becomes void.

What evidence is required?

Strong evidence is the backbone of your case. You will need:

• The order confirmation email and payment receipt.
• A screenshot of the product page showing the description, price, and promises (like the inclusion of a brand case).
• A clear, unedited unboxing video showing the package being opened for the first time. This is very powerful evidence.
• Photographs of the received product from all angles, highlighting the defects, dust, and lack of proper packaging.
• A complete record of all communications with the company’s customer service, including emails, chat logs, and call records if any.

How long will the investigation take?

The duration depends on the path you take. A consumer complaint filed in the District Commission is statutorily expected to be decided within three to five months, but this can be extended depending on the complexity of the case and the workload of the commission. If a legal notice is sent, the company is typically given 15-30 days to respond. A police investigation, if initiated, does not have a fixed timeline and can take several months.

Advocate Sudhir Rao, Supreme Court of India