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

Mr. Sameer Kumar, a loyal customer of the e-commerce platform ‘MegaRetail’ for over a decade, recently faced a distressing situation. He placed an order for a new ‘AuraTech Z1 Pro’ smartphone on August 10th, 2024, with an option to exchange his old device.

The order was dispatched and reached the final distribution hub in the city of Alipur on August 15th. Later that afternoon, the delivery agent arrived but claimed his old phone couldn’t be exchanged after a quick check with their ‘TradeUp’ app. He advised Sameer to visit the distribution hub directly to resolve the exchange issue.

Trusting the process, Sameer went to the hub that evening. After another inspection, his old phone was accepted with a devaluation of ₹2,500, which he paid upfront. He received the sealed package for his new phone and returned home. However, upon opening the box, he was shocked to find everything except the phone. In its place was a piece of cardboard, cut to the size of a smartphone.

He immediately contacted MegaRetail’s customer service. The representative logged a complaint but stated that a senior team’s approval was needed, which couldn’t be obtained so late in the evening. Despite assurances of a callback, the subsequent communications yielded the same response, leaving Sameer frustrated and without a resolution.

To investigate further, Sameer checked the serial number from the phone’s box on the official AuraTech manufacturer’s website. He discovered that the phone had already been registered and its warranty activated on August 14th, a full day before he even received the package. This suggests a sophisticated scam, likely occurring within the supply chain.

Advice in such cases

Experiencing such a scam can be incredibly stressful. It’s a breach of trust by a company you rely on. The key is to act swiftly and systematically to build a strong case for yourself. Do not delay in taking action, as time is of the essence in preserving evidence and holding the responsible parties accountable.

Applicable Sections of Law

Several laws can be invoked in such a situation. This is not just a case of poor service but potentially a criminal act.

• Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with Criminal Breach of Trust. The seller or its agents were entrusted with your money and the product, and they dishonestly misappropriated the product.
• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section pertains to Cheating. You were dishonestly induced to pay for a product that was never delivered, causing you wrongful financial loss.
• The Consumer Protection Act, 2019: You can file a complaint before the Consumer Disputes Redressal Commission for ‘deficiency in service’ and ‘unfair trade practice’ by the e-commerce platform and the seller.

If you are the complainant

If you find yourself in Mr. Kumar’s position, here are the steps you should take:

• Gather all Evidence: Compile every piece of documentation. This includes the order confirmation email, payment receipt, all communication with customer service (emails, chat transcripts, call logs with dates and times), and the product packaging.
• Document the Unboxing: If you haven’t already, take clear photos and videos of the box, the shipping label, the serial number on the box, and the contents you received (i.e., the cardboard). If possible, always make a video while unboxing high-value items.
• Formal Complaint to the Company: Send a detailed formal complaint via email to the company’s grievance officer or legal department. Clearly state the facts, mention the pre-activated serial number, and demand either a full refund or the actual product. Set a specific deadline for their response (e.g., 7 days).
• File a Police Complaint: If the company fails to resolve the issue, go to your local police station and file a complaint, which may be registered as a First Information Report (FIR) under the relevant sections of the BNS. Provide them with all the evidence you have collected.
• Approach Consumer Forum: Simultaneously, you can file a complaint with the District Consumer Disputes Redressal Commission. The process is designed to be consumer-friendly.
• Consult with Lawyer: The very basic and important step to start is to talk to a Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in the range of Rs. 10,000 to 50,000 depends on the case. He is helping you in this situation of coming out. He is an 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 in 7-10 days.

If you are the victim

As a victim, your immediate priority is to secure your position. Do not throw away the packaging or any item that came in the delivery box. The box with the IMEI/serial number is a crucial piece of evidence. Take screenshots of the manufacturer’s website showing the pre-activated warranty status. Preserve all communication and avoid getting into informal arguments with customer service agents over the phone; insist on written communication for a clear evidence trail.

How the police behave in such cases

Police response can vary. Initially, they might view it as a consumer dispute and suggest you go to a consumer forum. However, you must insist that it involves criminal elements like cheating and breach of trust, especially with the evidence of a pre-activated device. Presenting a well-documented case increases the likelihood of an FIR being registered under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The police can then investigate the supply chain, including the seller and the delivery personnel, to trace where the theft occurred.

FAQs people normally have

People often wonder if going through this process is worth the effort. The answer is yes. Holding corporations accountable not only helps you get justice but also helps prevent such incidents from happening to others. Many also ask if they can file a complaint online, and yes, you can register a complaint on the National Cyber Crime Reporting Portal as well as the National Consumer Helpline (NCH).

What evidence is required?

The stronger your evidence, the stronger your case. The most critical pieces of evidence include:

• The original invoice and order confirmation.
• Proof of payment (bank statement or digital wallet transaction history).
• The original product box with the serial number clearly visible.
• Photographs and a video of the unboxing process, showing the sealed package being opened.
• A screenshot from the manufacturer’s website showing the activation date of the serial number.
• All written communication (emails, chats) with the e-commerce company.

How long will the investigation take?

The timeline for resolution can vary significantly. The e-commerce platform’s internal investigation might take a week to a month. A police investigation can take longer, depending on the complexity of tracing the fraud within the supply chain. A consumer court case typically takes several months, but often, a legal notice from a lawyer or the filing of a case prompts the company to offer a settlement much sooner.

Advocate Sudhir Rao, Supreme Court of India