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

Many consumers face frustrating situations with online brands that engage in unethical practices. A common scenario involves a customer, let’s call him Mr. Verma from the city of Anandpur, who placed an order with an online fashion retailer named ‘ChicVogue’. After making the full payment online, he never received the products. All his attempts to reach their customer service via phone and email were unsuccessful. Upon searching online, Mr. Verma discovered numerous complaints from other buyers who had been similarly cheated by ChicVogue, with many reporting non-delivery of items and refusal to process refunds. This pattern indicates a deliberate intention to defraud customers rather than a simple service lapse.

Advice in such cases

When you find yourself cheated by an online company, it is crucial to act systematically to protect your rights and seek redressal. Here are the initial steps you should consider:

• Gather all documentation related to the transaction. This includes invoices, payment confirmation emails, bank statements, screenshots of the order, and any communication attempts with the company.
• Do not engage in public arguments on social media without a clear strategy, as it can sometimes dilute the legal strength of your case.
• Send a formal, well-drafted legal notice to the company’s registered address, demanding delivery of the product or a full refund within a specified period.
• 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

Dealing with online fraud involves remedies under both consumer law and criminal law. The primary statutes applicable in India are:

• The Consumer Protection Act, 2019: This is the most direct and effective law for such grievances. It defines “unfair trade practices” and “deficiency in service” and provides a three-tier quasi-judicial mechanism for redressal. You can file a complaint in the District, State, or National Consumer Disputes Redressal Commission depending on the value of the goods and compensation claimed.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): If the company’s actions demonstrate a clear intent to cheat from the outset, it can constitute a criminal offense. Relevant sections include:
  • Section 316 of BNS: Pertains to cheating and dishonestly inducing the delivery of property.
  • Section 318 of BNS: Defines the offense of cheating.
• The Information Technology Act, 2000: This Act has provisions that can be invoked in cases of online fraud and misrepresentation through computer resources.

If you are the complainant

As the person who has been wronged (the complainant), you are the driving force behind the legal action. Your role is to present the facts and evidence clearly. Here is what you should do:

• Organize your evidence chronologically. Create a timeline of events from placing the order to your last attempt at contact.
• Draft a detailed complaint. Whether for the consumer forum or the police, the complaint should state all facts, mention the financial loss, and describe the mental agony caused.
• If you choose the consumer court route, you can file the complaint yourself through the E-DAAKHIL portal or with the help of a lawyer.
• If pursuing a criminal case, you will need to file a First Information Report (FIR) at your local police station or submit a written complaint to a senior police officer.
• 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 a victim of online fraud, your immediate goal is to recover your money and hold the fraudulent entity accountable. The steps are largely the same as for a complainant, but the focus is on immediate action:

• Send a Legal Notice: This is the first formal step. A notice from a lawyer’s office often gets a prompt response from companies that ignore customer complaints.
• File a Consumer Complaint: This is the most recommended path for individual cases of service deficiency or unfair trade practices. The process is designed to be consumer-friendly.
• File a Police Complaint: If you believe you are a victim of a larger scam involving many people, filing a criminal complaint is essential. Presenting evidence of multiple victims can strengthen the case for cheating under the BNS.
• Report to Payment Gateway/Bank: Inform your bank or the payment gateway used for the transaction about the fraud. They may be able to initiate a chargeback process, though success is not guaranteed.
• 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

Initially, the police may be reluctant to register an FIR for what appears to be a non-delivery issue, often directing the complainant to the Consumer Forum, viewing it as a civil dispute. However, their stance may change if you provide evidence suggesting a large-scale, organized fraud. If multiple victims come forward or if the complaint clearly outlines the elements of cheating under Section 316 of the BNS, the police are more likely to register an FIR and initiate an investigation. It is often helpful to submit a written complaint to a higher-ranking officer, such as the Superintendent of Police, if the local police station is unresponsive.

FAQs people normally have

Can I file a complaint in the consumer court in my own city?
Yes, under the Consumer Protection Act, 2019, you can file a complaint where you reside or personally work for gain, which makes it very convenient for consumers.

Is it mandatory to hire a lawyer for a consumer case?
No, it is not mandatory. You can represent your own case in the Consumer Commission. However, hiring a lawyer who understands the procedures and can draft legal documents professionally can significantly improve your chances of a favorable outcome.

What if the company shuts down its website and disappears?
This makes recovery difficult but not impossible. A lawyer can help trace the company’s directors through the Ministry of Corporate Affairs (MCA) records. Legal action can still be initiated against the individuals running the company.

What evidence is required?

Strong evidence is the backbone of any legal case. For online shopping fraud, you must secure the following:

• Proof of Transaction: Bank statements, credit card statements, UPI transaction IDs, or payment gateway receipts.
• Order Confirmation: The email or SMS you received from the company after placing the order, containing the order number and details.
• Product Details: Screenshots of the product page from the company’s website.
• Communication Records: Copies of all emails, chat transcripts, or call logs of your attempts to contact customer service.
• Legal Notice: A copy of the legal notice sent to the company and the postal receipt or courier tracking proof showing it was delivered or refused.

How long will the investigation take?

The timeline for resolution can vary greatly:

• Consumer Court: The Consumer Protection Act, 2019, mandates that complaints should be decided within three to five months. However, in practice, due to caseloads, it can take anywhere from 6 months to over a year.
• Police Investigation: A criminal investigation’s duration depends on the complexity of the case, the location of the accused, and the cooperation of various agencies. It can take several months to file a chargesheet under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Advocate Sudhir Rao, Supreme Court of India