If you are stuck in such a situation, here is what to do.
Mr. Sameer, a resident of a quiet neighbourhood in Nagpur, was excited about an upcoming family event. While browsing online, he came across an advertisement for a website called “UrbanThreads Online” that was offering a “buy two, get one free” deal on premium linen shirts. He carefully selected three shirts, placed the order for Rs. 3,500, and made the payment online. A week later, a package arrived. To his dismay, instead of the three shirts he had ordered, the package contained a single, low-quality pair of polyester trousers that was not even his size. He tried contacting the customer service number listed on the website, but it was perpetually switched off. His emails to their support address went unanswered. The website itself seemed to be a fly-by-night operation with no physical address or reliable contact information.
Advice in such cases
Receiving the wrong product, especially from a dubious online seller, is a common form of e-commerce fraud. It is crucial to act promptly and systematically to seek redressal.
Document Everything: Immediately take clear photos and a video of the package and the incorrect item you received. Make sure the shipping label is visible. This is your primary evidence.
Preserve Communication: Keep records of your order confirmation email, payment receipt, screenshots of the product page, and any attempts you made to contact the seller (emails, call logs).
Check Payment Gateway Options: If you paid via a credit card, debit card, or a reputable digital wallet, you might be able to raise a “chargeback” request with your bank or payment provider, citing fraud or non-delivery of the promised goods.
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 typically involve provisions from both consumer protection laws and criminal laws.
The Consumer Protection Act, 2019: This is the primary legislation for such grievances. Receiving a wrong or defective product constitutes an “unfair trade practice” and a “deficiency in service” by the seller. You can seek a refund, replacement, and compensation for the mental agony caused.
Bharatiya Nyaya Sanhita, 2023 (BNS): If the seller’s intention was to deceive you from the very beginning (e.g., by knowingly sending a cheap item with no intention of providing the actual product), it can amount to the criminal offence of cheating under Section 318 of the BNS.
If you are the complainant
As the person who has been wronged, you need to take proactive steps to file a formal complaint.
File a Consumer Complaint: The first step is often to file a complaint on the National Consumer Helpline (NCH) portal (consumerhelpline.gov.in). This is an effective first step for mediation.
Send a Legal Notice: Through a lawyer, you can send a formal legal notice to the seller (if any address is available), demanding a refund or the correct product. This often prompts a response from sellers who wish to avoid legal proceedings.
Approach the Consumer Commission: If the above steps fail, you can file a case in the District Consumer Disputes Redressal Commission. The process is designed to be consumer-friendly.
File a Police Complaint: You can also report the matter to the National Cyber Crime Reporting Portal (cybercrime.gov.in) or the local police station, alleging cheating under the BNS.
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
Understanding your position as a victim is key to navigating the system effectively.
Do Not Blame Yourself: Scammers use sophisticated tactics to appear legitimate. Falling for such a scam does not reflect on your intelligence.
Act Fast: Time is of the essence, especially for initiating chargebacks with banks or for police to trace digital transactions and culprits.
Gather Your Proof: Systematically organize all your evidence—receipts, screenshots, photos, and communication logs—into a single folder. This will be invaluable for any complaint you file.
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
Police response to online shopping fraud can vary. Initially, some officers might view it as a civil or consumer dispute and advise you to approach the consumer forum. However, if you present clear evidence of fraudulent intent, they are obligated to register a complaint. It is helpful to emphasize the “cheating” aspect. Filing a complaint through the national cybercrime portal often ensures it is routed to the appropriate cyber cell, which is better equipped to handle such cases. Having a lawyer accompany you or draft the complaint can also ensure the police take the matter seriously from a criminal perspective.
FAQs people normally have
Can I really get my money back?
Yes. The Consumer Commission can order the seller to refund your money, often with interest and compensation. A successful bank chargeback can also result in a refund.
What if the company is not based in India?
This complicates matters significantly. While you can still file complaints, enforcing orders against foreign entities without a presence in India is extremely difficult. It is always advisable to check the seller’s credentials before purchasing.
Is it worth the effort for a small amount like Rs. 3,500?
Absolutely. The consumer protection framework is designed to handle claims of all sizes. Moreover, by reporting the fraud, you help prevent the same scammers from duping others and contribute to a safer online marketplace.
What evidence is required?
To build a strong case, you will need the following evidence:
Proof of Purchase: The invoice, order confirmation email, or message.
Proof of Payment: Bank statement, credit card statement, or digital wallet transaction history showing the debit.
Product Listing: Screenshots of the product page from the website showing what you ordered.
Proof of Wrong Delivery: Clear photographs and an unboxing video of the incorrect item you received, showing the product and the packaging it came in.
Communication Records: Copies of any emails, chats, or call logs showing your attempts to contact the seller for resolution.
How long will the investigation take?
The timeline can vary. A complaint with the National Consumer Helpline may be resolved within a few weeks if the seller is cooperative. A case in the District Consumer Commission is mandated to be decided within 3-5 months, but it can sometimes take longer. A police investigation into cyber fraud depends on the complexity of the case, such as tracing digital footprints and identifying the culprits, which can take several months or more.
Advocate Sudhir Rao, Supreme Court of India