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

Mr. Rohan, a resident of Nagpur, recently faced a distressing situation involving an online purchase. He was browsing social media when he came across a video advertisement by a Jaipur-based online store, “Shimmer Jewels,” showcasing what they claimed were high-quality, authentic gemstone earrings. Attracted by the advertisement, he purchased a pair for ₹1,500 on March 15, 2024.

However, when the product arrived, Rohan was shocked. The earrings were of abysmal quality, significantly smaller than what was shown in the video, and appeared to be made of cheap, imitation materials. Crucially, the product lacked the hallmark certificate that is standard for genuine precious metals. Rohan immediately tried to resolve the issue with Shimmer Jewels. He sent multiple emails, and messages via their official contact number and social media pages, requesting a refund and providing photographic evidence of the poor-quality product. His attempts at communication were met with complete silence; the company ignored all his messages.

Frustrated, Rohan decided to research the company further. He discovered a pattern of fraudulent behaviour. Numerous online reviews and complaints detailed similar experiences from other customers. Many had received fake or substandard products and were denied refunds even after returning the items. Rohan took screenshots of these reviews as evidence of the company’s widespread malpractice. He has now identified the owners of the business and intends to take legal action against them for this clear case of consumer fraud.

Advice in such cases

When you are a victim of online shopping fraud, it is essential to act methodically to protect your rights.

• Gather all evidence, including receipts, product photos, screenshots of the advertisement, and records of all communication attempts.
• Do not engage in public arguments or use abusive language on social media, as this could weaken your position.
• Before taking any legal steps, it is often advisable to send a formal legal notice through a lawyer. This shows your seriousness and may prompt the seller to resolve the issue.
• 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. Key provisions include:

• Section 2(47): Unfair Trade Practice: The Act defines promoting the sale of goods through deceptive practices as an unfair trade practice. Advertising fake or poor-quality goods as genuine falls squarely under this definition.
• Section 2(11): Deficiency in Service: The seller’s failure to provide a product of the advertised quality and their refusal to address the customer’s grievance constitutes a deficiency in service.
• Bharatiya Nyaya Sanhita, 2023 (BNS): In cases where there is a clear intent to deceive from the outset, a criminal complaint for cheating under the relevant sections of the BNS can also be filed.

If you are the complainant

If you find yourself in a situation like Rohan’s, here are the steps you should take:

• Compile Your Evidence: Systematically organize all documents: the invoice, payment confirmation, screenshots of the product advertisement, photos of the received item, and a log of all your attempts to contact the seller.
• Send a Legal Notice: Have a lawyer draft and send a formal legal notice to the company’s registered address. This notice should detail the grievance, the relief sought (refund, replacement, compensation), and a deadline for a response.
• File a Consumer Complaint: If the seller does not respond or refuses to comply, the next step is to file a complaint in the appropriate consumer commission. This can be done online through the e-Daakhil portal, which simplifies the process.
• Consider Criminal Action: If the fraud is part of a larger pattern and involves significant deception, you can also file a police complaint (FIR) for cheating.
• 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 such fraud, your primary goal is to seek redressal. Here’s how to approach it:

• Stay Calm and Document Everything: Emotion can cloud judgment. Keep a clear, chronological record of all events.
• Understand Your Rights: As a consumer, you have the right to receive goods that match the description provided by the seller and are of the quality promised.
• Utilize Consumer Forums: The consumer protection framework in India is designed to be accessible and cost-effective for individuals. The e-Daakhil portal makes it easy to file complaints from anywhere.
• Do Not Be Intimidated: Sellers may ignore you or even issue counter-threats. As long as your claims are truthful and based on evidence, you are well within your rights to pursue legal action.
• 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, when approached with such a complaint, the police may initially advise you to seek a remedy through the consumer courts, as the dispute is primarily civil in nature. However, if you can demonstrate a clear pattern of fraud and criminal intent to cheat, they are obligated to register an FIR under the relevant sections of the Bharatiya Nyaya Sanhita (BNS). Providing evidence of multiple victims with similar complaints can strengthen your case for police intervention. The investigation will then proceed under the procedures laid out in the Bharatiya Nagarik Suraksha Sanhita (BNSS).

FAQs people normally have

1. Is filing a complaint on the e-Daakhil portal the correct step?
Yes, the e-Daakhil portal is the official platform designated by the government for filing consumer complaints electronically. It is the correct and most efficient first step for seeking redressal under the Consumer Protection Act.

2. Do I have a strong case?
Based on the details, the case appears very strong. You have evidence of the advertisement, the poor quality of the product received, and ignored communication. The additional evidence of similar complaints from other customers establishes a pattern of unfair and fraudulent trade practices, which significantly strengthens your position before a consumer commission.

3. Can the company sue me for defamation for posting negative reviews?
Truth is a defence against defamation. If your negative reviews are factual, based on your personal experience, and do not contain abusive or malicious language, a defamation suit against you is unlikely to succeed. Stating facts about a transaction is your right as a consumer. Similarly, sending a legal notice is a legitimate legal step and does not constitute harassment.

What evidence is required?

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

• Proof of purchase (invoice, order confirmation email, bank/card statement).
• The original advertisement (screenshot or video recording).
• Clear photographs or videos of the product you received, highlighting the defects and discrepancies from the advertisement.
• A complete record of your communication with the company (emails, chat screenshots, call logs).
• Screenshots of reviews and complaints from other customers who have faced similar issues.

How long will the investigation take?

The timeline can vary. Consumer commissions are mandated to decide cases expeditiously, ideally within three to five months if no complex analysis is required. However, the process can sometimes take longer depending on the complexity of the case, the commission’s workload, and the seller’s response. If a criminal investigation is initiated by the police, the timeline will depend on the investigation process as outlined in the BNSS.

Advocate Sudhir Rao, Supreme Court of India