If you are stuck in such a situation, here is what to do.
Mr. Rohan Sharma, a resident of Anandpur, was excited to upgrade his computer. He ordered a high-end ‘Quantum’ series processor worth approximately Rs. 40,000 from a popular online marketplace, “ShopSphere India”. The seller listed on the platform was “Digital Deals”. The product was marked as ‘non-returnable’. When the package arrived on October 5, 2023, Mr. Sharma noticed the product box’s seal was broken. He decided to record an unboxing video as a precaution. To his dismay, the processor inside was visibly damaged, with bent pins, making it completely unusable. He immediately contacted ShopSphere’s customer support, who initiated an ‘internal investigation’ and asked him to wait for a few business days. Worried, he searched online and found several other customers complaining about similar experiences with the same seller, where resolutions were often denied. Now, Mr. Sharma is left with a damaged product and is unsure about his legal options to recover his significant financial loss.
Advice in such cases
Document Everything: Keep a record of the order confirmation, invoice, payment receipt, and all communications (emails, chat transcripts) with the online marketplace and the seller.
Preserve Evidence: Do not discard the product, its original packaging, or any shipping materials. The unboxing video is a crucial piece of evidence.
Formal Communication: Send a formal email to both the seller and the marketplace, clearly stating the issue, attaching photographic/video evidence, and demanding a replacement or a full refund.
Legal Notice: If they fail to provide a satisfactory resolution within a reasonable time, the next step is to send a legal notice through a lawyer. This often prompts sellers to resolve the issue to avoid litigation.
Consumer Complaint: If the legal notice is ignored, you can file a complaint with the appropriate Consumer Disputes Redressal Commission.
Consult with Lawyer: 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 situation is primarily governed by the Consumer Protection Act, 2019, and its associated rules.
Section 2(10) of the Consumer Protection Act, 2019: This section defines a ‘defect’ in goods. A damaged and non-functional product, as received by the customer, clearly falls under this definition.
Section 2(47) of the Consumer Protection Act, 2019: This defines ‘unfair trade practice’. Selling a damaged item as new and functional is a classic example of an unfair trade practice, for which the seller is liable.
The Consumer Protection (E-Commerce) Rules, 2020: These rules impose specific liabilities on marketplace e-commerce entities. The platform cannot evade responsibility, as it has a duty to ensure that consumers’ grievances are addressed and to provide seller details for accountability.
Section 35 of the Consumer Protection Act, 2019: This section details the process for filing a complaint before the District, State, or National Consumer Disputes Redressal Commission, based on the monetary value of the claim.
If you are the complainant
If you find yourself in the position of the complainant, here are the steps to follow:
Gather All Evidence: Systematically compile your invoice, payment proof, screenshots of the product page, the unboxing video, photos of the damage, and all communication with the seller and the platform.
Send a Legal Notice: Through a lawyer, send a formal legal notice to both the seller’s and the e-commerce platform’s registered addresses. This notice should detail the grievance and demand a specific relief (refund or replacement) within a stipulated time (e.g., 15 days).
File a Consumer Complaint: If the notice is ignored, file a complaint in the appropriate consumer commission. For a claim of Rs. 40,000, the complaint would be filed with the District Consumer Disputes Redressal Commission.
Consult with Lawyer: 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
As the victim, your immediate actions are crucial for building a strong case:
Do Not Tamper: Do not attempt to fix the item or alter its condition in any way. Preserve it as it was received.
Preserve Packaging: Keep the original box, shipping labels, and all packaging materials. These can be important evidence.
Immediate Notification: Inform the seller and the online marketplace about the issue right away using their official, written communication channels (email or in-app support).
Challenge ‘Non-Returnable’ Policy: A ‘non-returnable’ policy applies to cases where a customer changes their mind. It does not apply to receiving a defective, damaged, or incorrect product. You are legally entitled to a resolution in such cases.
Consult with Lawyer: 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
Typically, the police will view this as a civil dispute rather than a criminal one. They are unlikely to file an FIR for a damaged product delivery, as it falls under the purview of consumer law. They will most likely advise you to approach the Consumer Commission. However, if there is an element of outright fraud (e.g., a stone was delivered instead of the product), it could constitute a criminal offense of cheating under Section 318 of the Bharatiya Nyaya Sanhita (BNS), 2023. Even in such cases, pursuing a remedy through the consumer court is often a more direct and effective path to getting your money back.
FAQs people normally have
What evidence is required?
The strength of your case depends on your evidence. The following are essential:
The purchase invoice and proof of payment.
The unboxing video, which is the most powerful evidence to prove the item was damaged upon arrival.
Clear photographs of the damaged product and the tampered packaging.
All email and chat transcripts with customer support of both the seller and the marketplace.
A copy of the legal notice sent and its delivery proof.
How long will the investigation take?
The e-commerce platform’s internal investigation may take anywhere from a few days to a couple of weeks. If you proceed to the Consumer Commission, the Consumer Protection Act, 2019, mandates an effort to dispose of the case within three months (or five months if product testing is required). While practical delays can occur, a case with strong, clear evidence like an unboxing video has a high chance of being resolved favourably and relatively quickly.
Advocate Sudhir Rao, Supreme Court of India