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

Mr. Alok Verma, a resident of Nagpur, recently faced a distressing situation. He had ordered a new high-end “Zenith Pro” smartphone worth ₹65,000 from a popular e-commerce platform, “SwiftKart.” The delivery was scheduled for the next day, but the package arrived a day early while Mr. Verma was at his office. His mother, Mrs. Verma, accepted the delivery. The delivery was designated as an “Open Box Delivery,” which requires the customer to inspect the product before sharing the One-Time Password (OTP) with the delivery agent. However, the agent seemed to be in a hurry, and Mrs. Verma, unaware of the procedure, shared the OTP without opening the box.

When Mr. Verma returned home and eagerly opened the package, he was shocked to find a completely different, much cheaper “BudgetFone” inside instead of the Zenith Pro he had paid for. He immediately contacted SwiftKart’s customer service, but they refused to process a return or refund. Their justification was that the delivery was completed successfully as an “Open Box Delivery,” confirmed by the OTP. Mr. Verma, who had paid using his credit card, was now worried about losing a significant amount of money and felt cheated by the system.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act systematically and promptly. Here are the steps you should follow:

• Immediately document everything. Take clear photographs and videos of the wrong product you received, the packaging it came in, and the shipping label with the tracking details.
• Do not use or tamper with the incorrect product. Keep it in the exact condition you received it, as it is crucial evidence.
• Compile all relevant documents: the order confirmation email, the invoice, proof of payment (credit card statement), and any communication you have had with the e-commerce company.
• Send a formal email to the e-commerce platform’s customer support and, more importantly, to their designated Grievance Officer. Clearly state the issue, mention your order ID, and attach the photographic/video evidence.
• If the company fails to resolve the issue, file a formal complaint on the National Consumer Helpline (NCH) portal (consumerhelpline.gov.in). This is an effective government-backed platform for pre-litigation resolution.
• Contact your credit card issuer and initiate a “chargeback” request. Explain the situation, stating that you have received the wrong item and the merchant is uncooperative. Provide them with all the evidence.
• If these steps do not yield a resolution, the next step is to send a formal Legal Notice to the e-commerce company through a lawyer.
• As a final resort, you can file a complaint in the District Consumer Disputes Redressal Commission (Consumer Court) for deficiency in service and unfair trade practice.
• 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 are primarily governed by the Consumer Protection Act, 2019. The actions of the e-commerce company can be classified as:

• Deficiency in Service: As defined under Section 2(11) of the Act, failing to deliver the correct product as per the order constitutes a deficiency.
• Unfair Trade Practice: Under Section 2(47), supplying a different product than what was advertised and ordered falls under this category.

While it may feel like cheating, invoking criminal law like Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which deals with cheating, can be challenging. This is because one must prove criminal intent (mens rea) on the part of the company or its specific employees, which is difficult in such commercial transactions. The matter is typically viewed as a consumer dispute rather than a criminal offence.

If you are the complainant

When you are the one lodging the complaint, your approach needs to be meticulous to build a strong case.

• Maintain a detailed timeline of events, from placing the order to every interaction with customer service.
• Always communicate with the company in writing (email) to have a documented trail. Avoid relying on phone calls, but if you must, follow up with an email summarizing the conversation.
• Clearly state the resolution you seek – a full refund or the correct product.
• Follow the company’s internal grievance redressal mechanism before escalating the matter to a legal 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

If you are the victim

As the victim of such a transaction, time is of the essence. Your immediate actions can significantly impact the outcome.

• Do not delay. The moment you discover the discrepancy, start the process of reporting it.
• Preserve the original packaging, including the box, bubble wrap, and the shipping label, as they are part of the evidence.
• Inform your bank or credit card company immediately about the fraudulent transaction to explore options like chargeback.
• Do not get disheartened by the initial refusal from customer service. Escalate the matter to higher authorities within the company.
• 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

Approaching the police in such matters can have mixed results. Often, the police view these disputes as civil in nature and may be reluctant to file a First Information Report (FIR). They are likely to advise you that the appropriate remedy lies with the Consumer Court. They might record your complaint in a General Diary (GD) or a station diary for record-keeping purposes. Filing an FIR for cheating under the Bharatiya Nyaya Sanhita (BNS) is difficult because the police would need evidence of a pre-planned criminal conspiracy to defraud, rather than a service error or a logistical mix-up, which is the usual defense of e-commerce companies.

FAQs people normally have

Q: What if I don’t have a video of unboxing the package?
A: While an unboxing video is strong evidence, it is not mandatory. Clear photos of the wrong product, the packaging, and the shipping label, along with your order details, are usually sufficient to build a case.

Q: The company says the OTP confirms I received the right product. What can I do?
A: The OTP confirms receipt of a package, not its contents. This is a common defense by companies. Argue that the “Open Box Delivery” protocol was not properly followed by the delivery agent, who may have rushed the process. Your consistent and documented complaint immediately after opening the box will be a key factor.

Q: Can I sue the delivery agent personally?
A: Suing the delivery agent is generally not productive. They are employees or contractors of the logistics partner or the e-commerce company. The primary liability rests with the seller and the e-commerce platform with whom you have the contract of sale.

What evidence is required?

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

• The order confirmation email or app screenshot showing the product ordered and its price.
• The invoice or bill provided by the seller.
• Proof of payment, such as a credit card statement or bank transaction record.
• Clear, well-lit photographs and/or a video of the incorrect product received.
• Photographs of the packaging, ensuring the shipping label with the tracking number is clearly visible.
• A complete record of all communication with the e-commerce company, including emails, chat transcripts, and reference numbers for calls.
• A copy of the legal notice sent to the company, if any.

How long will the investigation take?

The timeline can vary significantly. The e-commerce company’s internal investigation may take anywhere from 7 to 21 working days. If you file a complaint with the National Consumer Helpline, the process can take a few weeks to a couple of months. If the matter proceeds to the Consumer Court, the timeline for a final decision can range from a few months to over a year, depending on the complexity of the case and the caseload of the specific District Commission. The Consumer Protection Act, 2019, mandates an effort to dispose of cases within three to five months, but practical delays are common.

Advocate Sudhir Rao, Supreme Court of India