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

Mr. Sameer, a resident of a metropolitan city, found himself in a perplexing situation involving an online furniture purchase. He had ordered a specific sofa from a major e-commerce platform, “UrbanMart.” The product was sold and delivered directly by a third-party seller named “Prestige Home Goods.” The delivery was delayed, but after persistent follow-ups, the sofa finally arrived.

To Mr. Sameer’s dismay, the sofa delivered was of a completely different color from what he had ordered. He immediately initiated a return/exchange request on the UrbanMart platform. The seller, Prestige Home Goods, contacted him, requested photographs, and initially refused to acknowledge the error. After several phone calls, they conceded that the wrong product had been sent and verbally agreed to approve the return request on the platform.

However, contrary to their verbal assurance, they rejected the return request on UrbanMart. Frustrated, Mr. Sameer escalated the issue directly with UrbanMart’s customer support. The platform acknowledged the seller’s fault and initiated their “Buyer Protection” claim process after the seller failed to respond to a formal notice. Eventually, UrbanMart processed a full refund to Mr. Sameer.

Following the refund, the seller began contacting Mr. Sameer through the platform’s chat, insisting he return the sofa. They scheduled pickup times, but no one ever arrived or called. Mr. Sameer, who had to take time off from work for the scheduled pickups, was greatly inconvenienced. He informed the seller that he was only available on weekends for any future pickup attempts. This communication loop continued for several weeks, with the seller scheduling pickups and failing to show up.

After nearly two months of this ordeal, Mr. Sameer received a random WhatsApp message from an unknown number, again asking to schedule a pickup. He reiterated his availability on the upcoming Sunday. When the pickup failed again, and the person messaged him mid-week, Mr. Sameer expressed his frustration, stating that his home was not a warehouse and he would no longer cooperate due to the seller’s unprofessionalism. He then blocked the numbers to stop the harassment.

Now, almost three months after the initial purchase, Mr. Sameer has received a formal legal notice from Prestige Home Goods. The notice demands the immediate return of the sofa or payment of its full price, plus an additional penalty, threatening legal action if he fails to comply.

Advice in such cases

Receiving a legal notice can be intimidating, but it is a formal communication that must be addressed, not ignored. Here is a step-by-step guide on how to handle such a situation:

• Do not panic or ignore the notice. Ignoring a legal notice can be used against you in court, suggesting you have no defence.
• Carefully read the notice to understand the sender’s claims, the timeline they have provided for a response, and the legal action they are threatening.
• Compile all your evidence. This includes order confirmations, payment receipts, screenshots of chats with the seller and the e-commerce platform, photographs of the wrong product, and any call logs or emails related to the failed pickup attempts.
• 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.
• Draft a comprehensive reply to the legal notice through your lawyer, refuting the false claims and presenting your side of the story with a clear timeline of events.

Applicable Sections of Law

This case primarily falls under the purview of consumer protection and contract laws.

• The Consumer Protection Act, 2019: This is the most relevant law. The seller’s actions—delivering the wrong product, refusing the return initially, and causing harassment—amount to “deficiency in service” and “unfair trade practice.” The consumer has a right to seek redressal for the mental agony and inconvenience caused.
• The Indian Contract Act, 1872: The purchase of the sofa is a contract of sale. By delivering the wrong item, the seller breached the contract. The buyer (consumer) fulfilled his obligation by attempting to return the goods. The seller’s failure to retrieve the goods is their own lapse.
• Bharatiya Nyaya Sanhita, 2023 (BNS): While this is a civil dispute, a seller might wrongfully threaten to file a criminal complaint for cheating (Section 318 of BNS) or criminal breach of trust. However, based on the facts, such a claim would be baseless as the intention to deceive lies with the seller, not the consumer who actively tried to return the product.

If you are the complainant

If you have received a legal notice like Mr. Sameer, you are the respondent in this context, but you are also the complainant in the larger issue of deficient service.

• Your first step is to send a detailed reply to the legal notice within the given timeframe. This reply should be drafted by a lawyer.
• The reply must clearly state that you never denied the return. It should detail your repeated attempts to coordinate the pickup and the seller’s failure to execute it.
• You can state that the goods are still available for pickup at the seller’s own risk and cost, provided they give a firm, confirmed appointment.
• You can also counterclaim for the harassment and inconvenience caused, and for the cost of storing their 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.

If you are the victim

As the consumer who has been harassed, you are the victim of an unfair trade practice. You are not obligated to just defend; you can also take action.

• You have a strong case to file a complaint before the appropriate District Consumer Disputes Redressal Commission.
• In your complaint, you can seek compensation for mental agony, harassment, and any financial loss incurred (e.g., taking leave from work for failed pickups).
• You can also request the commission to direct the seller to pick up their product without causing any further inconvenience.
• Filing a consumer complaint is an effective way to hold the seller accountable for their actions.
• 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

The police have a very limited role in such matters. This is a civil dispute concerning a contract and consumer rights, not a criminal offense in its current form. If you approach the police, they will likely direct you to the consumer courts or a civil court. They will only intervene if there is an element of a cognizable criminal offense like credible threats of violence, extortion, or a clear case of fraud, which is difficult to prove here.

FAQs people normally have

Here are some common questions that arise in these situations:

What evidence is required?

Strong evidence is key to winning such a case. You should preserve:

• The original order details and product description.
• Proof of payment.
• Photos or videos of the incorrect product that was delivered.
• All communications with the seller and the e-commerce platform (emails, chat screenshots).
• The legal notice you received.
• Your reply to the legal notice.

How long will the investigation take?

The timeline varies. If the matter is resolved by a reply to the legal notice, it could be over in a few weeks. If the seller files a civil suit, it can take several years to resolve. A consumer complaint is designed to be much faster, with the Consumer Protection Act, 2019, aiming for disposal of cases within three to five months, although this can sometimes take longer depending on the complexity and the caseload of the commission.

Advocate Sudhir Rao, Supreme Court of India