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

Mr. Sameer, a resident of a bustling metropolis, placed an online order with a popular e-commerce clothing brand, “Urban Threads Fashion,” early last month. He had ordered four shirts for an upcoming family function. A week later, the package was delivered. To his dismay, upon opening the parcel, he found only one of the four shirts he had paid for. The other three were completely missing.

Acting promptly, Mr. Sameer immediately emailed the customer support team of Urban Threads Fashion, attaching a clear video of him unboxing the package which showed only one item inside. Despite his repeated follow-ups over the next few weeks, the company refused to accept responsibility. Their standard response was that their records indicated all items were dispatched from their warehouse. They closed his complaint ticket without offering a refund or sending the missing items.

Frustrated, Mr. Sameer requested evidence to support their claim, such as the total weight of the shipment recorded by the courier company, but Urban Threads Fashion provided no such details. Even after escalating the matter to their designated grievance officer, the issue remained unresolved, with the company simply reiterating its previous stance and closing the case. Mr. Sameer was left wondering about his legal recourse against such an unfair practice.

Advice in such cases

Dealing with an unresponsive company after receiving an incomplete order can be incredibly frustrating. It is crucial to handle the situation systematically to build a strong case for yourself.

• Preserve all evidence meticulously. This includes the order confirmation, payment receipt, the packaging itself, and any items you did receive.
• Document every single communication with the company. Keep records of emails, chat transcripts, and notes of phone calls (including dates, times, and the name of the representative you spoke with).
• Do not discard the unboxing video. This is a powerful piece of evidence that can prove your claim.
• Before taking formal legal action, consider sending a final, detailed email to the highest available authority in the company, such as the CEO or head of customer relations, outlining the entire issue and stating your intention to pursue legal remedies.

Applicable Sections of Law

Such cases are primarily governed by the Consumer Protection Act, 2019. The actions of the company can be classified as both a “deficiency in service” and an “unfair trade practice.”

• Deficiency in Service [Section 2(11) of the Consumer Protection Act, 2019]: This refers to any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service. Failing to deliver all the items paid for is a clear deficiency.
• Unfair Trade Practice [Section 2(47) of the Consumer Protection Act, 2019]: This includes practices that are deceptive or unfair to the consumer. Refusing to provide a resolution and closing the complaint without proper investigation can be considered an unfair trade practice.

While this is a consumer dispute, if there is a clear element of dishonest intention from the start, it could potentially be viewed as cheating under Section 316 of the Bharatiya Nyaya Sanhita (BNS), but the primary and most effective remedy lies within the consumer protection framework.

If you are the complainant

As the person who has been wronged, you are the complainant. You need to take structured steps to seek justice.

• Compile Your Evidence: Gather all documents, including the order confirmation, payment proof, delivery details, photos of the package, the unboxing video, and all communication with the company.
• Send a Legal Notice: The first formal step is often to have a lawyer draft and send a detailed legal notice to the company’s registered office. This notice will outline the facts, cite the deficiency in service, and state your demand (refund, delivery of missing items, and compensation) within a specific timeframe (e.g., 15 or 30 days). Many companies take a legal notice seriously and resolve the issue at this stage.
• File a Consumer Complaint: If the company fails to respond to the legal notice or provides an unsatisfactory response, you can file a complaint before the appropriate Consumer Disputes Redressal Commission (commonly known as the Consumer Court). The jurisdiction (District, State, or National) depends on the total value of the goods and the compensation claimed.
• 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 of a deficient service, you have specific rights under the Consumer Protection Act.

• Right to be Heard: You have the right to have your complaint heard in a consumer forum.
• Right to Seek Redressal: You have the right to seek a remedy, which can include a full refund for the undelivered items, compensation for the mental harassment and agony caused, and the costs incurred in pursuing the complaint.
• Right to Consumer Awareness: By pursuing your case, you contribute to a larger culture of accountability for corporations.
• 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

It is important to understand that the police are generally not the appropriate authority for such disputes. These matters are considered civil or consumer disputes, not criminal offenses, unless there is strong evidence of a large-scale, organized fraud. If you approach a police station, they will likely advise you that it is a civil matter and direct you to file a case in the Consumer Court. They are unlikely to register an FIR for cheating under the BNS for a single disputed online transaction, as proving criminal intent (mens rea) is difficult. The specialized and more efficient route is through the consumer protection mechanism.

FAQs people normally have

Can I file a complaint on a government consumer helpline?

Yes, you can file a complaint on the National Consumer Helpline (NCH). It acts as a pre-litigation mediation mechanism. While it can be effective in some cases, if the company is unresponsive, your only recourse is to approach the Consumer Court.

Do I need a lawyer to file a consumer complaint?

The procedure allows for individuals to file and argue their own cases. However, companies will be represented by experienced lawyers. Having a lawyer helps in drafting the complaint correctly, presenting evidence effectively, and navigating the legal procedures, which significantly increases your chances of a favorable outcome.

What is the time limit for filing a consumer complaint?

A consumer complaint must be filed within two years from the date on which the cause of action arose. In this case, it would be from the date of delivery or the date the company finally refused to resolve the issue.

What evidence is required?

To build a strong case in the Consumer Court, you will need the following evidence:

• A copy of the order confirmation email or message.
• Proof of payment, such as a bank statement or credit card transaction detail.
• The unboxing video. This is crucial.
• Photographs of the package and the single item received.
• Copies of all email correspondence and chat logs with the company’s support and grievance teams.
• A copy of the legal notice sent to the company and any reply received.

How long will the investigation take?

The process in a Consumer Court is not an “investigation” in the police sense, but a “proceeding.” The Consumer Protection Act, 2019, mandates a speedy trial. The goal is to decide cases within 3 to 5 months if no complex analysis is required. However, the timeline can vary depending on the workload of the specific District Commission, the complexity of the case, and the tactics used by the opposing party. The process typically involves filing the complaint, the court issuing notice to the other party, the company filing its reply, submission of evidence by both sides, arguments, and the final judgment.

Advocate Sudhir Rao, Supreme Court of India