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

Ms. Riya Mehra, a resident of Anandnagar, was excited to receive a designer lehenga she had ordered from an online boutique called “Ethnic Weaves,” which she found through a popular social media platform. However, her excitement turned to disappointment when she discovered that the product was defective, with shoddy embroidery and a noticeable tear. She immediately contacted the seller, who agreed to an exchange. Ms. Mehra sent the product back as instructed, but weeks turned into months. It has now been over three months, and she has neither received a replacement nor a refund. The company has stopped responding to her calls and emails. This situation, where a consumer is left with a defective product and no recourse, is unfortunately common in the burgeoning world of e-commerce.

Advice in such cases

• Preserve all communication: Keep screenshots of the product listing, order confirmation, payment receipt, and all conversations (emails, chats, messages) with the seller.
• Send a formal notice: Before proceeding legally, it is advisable to send a formal legal notice to the seller’s registered address, demanding a full refund or a proper replacement within a specified period (e.g., 15 or 30 days).
• File a consumer complaint: If the seller fails to respond to the notice, you can file a complaint with the District Consumer Disputes Redressal Commission. This can now be done online through the e-Daakhil portal.
• Social Media Pressure: Sometimes, highlighting the issue on social media platforms and tagging the brand can prompt a quicker response, but this should be done cautiously and factually.
• 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

This issue is primarily governed by the Consumer Protection Act, 2019. Key provisions include:

• Right to be informed: The right to be informed about the quality, quantity, potency, purity, standard, and price of goods or services.
• Right to be protected against unfair trade practices: Selling a defective product and then refusing to refund or replace it constitutes an unfair trade practice.
• Right to seek redressal: The right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers.
• E-commerce Rules: The Consumer Protection (E-commerce) Rules, 2020, also lay down specific duties for sellers, including providing clear information about returns, refunds, and grievance redressal mechanisms.
• Bharatiya Nyaya Sanhita, 2023 (BNS): If the seller’s actions demonstrate a clear intention to deceive from the outset, it could potentially amount to cheating under Section 318 of the BNS. However, the primary and most effective remedy remains the consumer court.

If you are the complainant

• Gather all documents: Systematically arrange all evidence, including invoices, communication records, photographs of the defect, and proof of return shipment.
• Draft a clear complaint: Your complaint to the consumer forum should clearly state the facts, the deficiency in service, the relief you are seeking (refund, compensation for mental agony, litigation costs), and be supported by all the evidence.
• File in the correct jurisdiction: The complaint can be filed in the District Commission within whose jurisdiction the seller resides or works, or where the cause of action (e.g., where you received the product) arose.
• 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

• Act promptly: Do not delay in notifying the seller about the defect. Most platforms have a limited window for returns or exchanges.
• Document everything: Take clear photos and videos of the defective product as soon as you receive it, preferably while unboxing.
• Use official communication channels: While initial contact might be through social media DMs, follow up with an official email to create a formal record.
• Do not give up: If the seller is unresponsive, be persistent. Follow the steps of sending a legal notice and then approaching the consumer forum.
• 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 most cases involving defective products or refund disputes, the police will likely direct you to the Consumer Commission. They generally view these as civil disputes or consumer grievances rather than criminal offences. They are often reluctant to file an FIR unless there is evidence of a large-scale scam or organized fraud where multiple people have been cheated in a similar manner, which would strengthen the case for an offence like cheating under the BNS.

FAQs people normally have

• Can I file a complaint for a small amount? Yes, the Consumer Protection Act allows you to file complaints regardless of the amount. The District Commission has jurisdiction for claims up to Rs. 50 lakhs.
• Do I need a lawyer for the consumer court? While it is not mandatory to hire a lawyer and you can represent yourself, having legal counsel is highly recommended to navigate the procedures effectively and present your case strongly.
• What if the seller is in a different city? Under the Consumer Protection Act, 2019, you can file the complaint where you reside or work, making it convenient for the consumer.
• What can I claim in the complaint? You can claim a full refund of the amount paid, compensation for financial loss and mental harassment, and the costs incurred in filing the complaint.

What evidence is required?

• The invoice or bill for the purchase.
• Proof of payment (bank statement, credit card statement, UPI transaction screenshot).
• Photographs or videos clearly showing the defect in the product.
• Screenshots of all communication with the seller (emails, chat messages, social media comments/DMs).
• Proof of dispatch if you returned the item (courier receipt, tracking details).
• A copy of the legal notice sent to the seller and any response received.

How long will the investigation take?

The Consumer Protection Act, 2019, aims for the speedy resolution of disputes. The law provides a timeline for the disposal of cases, ideally within three to five months from the date of admission of the complaint. However, in practice, the duration can vary depending on the complexity of the case, the workload of the commission, and procedural delays. It is generally much faster than a conventional civil suit.

Advocate Sudhir Rao, Supreme Court of India