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

Mr. Sameer, a resident of Nagpur, recently faced a frustrating situation. He purchased a pair of formal shoes from an online retailer, “Urban Style Footwear Ltd.” Upon receiving the shoes, he found they were not as described on the website and decided to return them, following the company’s stated return policy. He shipped the product back, and the company acknowledged its receipt. However, despite this, three months have passed, and Mr. Sameer has not received his refund. His repeated attempts to contact their customer service via email and phone have been met with generic responses and no resolution.

Advice in such cases

If you find yourself in a similar predicament, it is crucial to act systematically to protect your rights as a consumer. Here are the steps you should consider:

• Gather all documentation related to the transaction. This includes the original order confirmation, invoice, proof of payment (bank statement or credit card statement), all email or chat correspondence with the company, and the courier receipt proving you returned the item.
• Send a formal, written communication to the company’s registered office, clearly stating the issue, the timeline of events, and a demand for the refund within a specific period (e.g., 15 days). This serves as a final attempt to resolve the matter amicably.
• If the company fails to respond or refuses the refund, the next step is to send a legal notice through a lawyer. A legal notice often prompts companies to take the matter seriously to avoid litigation.
• You can also file a grievance on the National Consumer Helpline (NCH) portal, which is an alternative dispute resolution mechanism.
• If all else fails, you must file a formal complaint before the appropriate Consumer Dispute Redressal Commission, commonly known as the Consumer Court.
• 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 key concepts that apply here are:

• Deficiency in Service: The company’s failure to refund the amount for a returned product, especially after acknowledging its receipt, amounts to a “deficiency in service” under Section 2(11) of the Act.
• Unfair Trade Practice: Refusing a refund contrary to the stated return policy can also be considered an “unfair trade practice” under Section 2(47) of the Act.
• Jurisdiction of Consumer Commissions:
  • For claims up to Rs. 50 lakh, the complaint is filed with the District Consumer Dispute Redressal Commission.
  • For claims between Rs. 50 lakh and Rs. 2 crore, the complaint is filed with the State Consumer Dispute Redressal Commission.
  • For claims exceeding Rs. 2 crore, the complaint is filed with the National Consumer Dispute Redressal Commission.

If you are the complainant

As the complainant, you are the one initiating the legal process. Your role is to present the facts and evidence clearly to the commission.

• Begin by organizing all your evidence chronologically. Create a timeline of events from the date of purchase to your last communication with the company.
• Draft a complaint detailing the facts of the case, the deficiency in service by the company, the relief you are seeking (refund, compensation for mental harassment, and litigation costs), and the evidence you are relying on.
• You can file the complaint online through the E-Daakhil portal (e-daakhil.nic.in), which has simplified the process of filing consumer cases.
• Ensure you have the correct name and registered address of the company (the opposite party). This can usually be found on their website’s “Terms and Conditions” or “Contact Us” page.
• 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, your priority is to seek redressal for the financial loss and harassment suffered.

• Do not get discouraged by the company’s delaying tactics. Maintain a calm and methodical approach.
• Preserve every piece of communication. Avoid telephonic conversations if possible, and prefer email or chat so you have a written record.
• Before approaching the court, sending a well-drafted legal notice is a powerful step. It shows your clear intent to pursue legal remedies if the matter is not resolved.
• Understand the reliefs you can claim. You are entitled to not just the refund but also compensation for the mental agony, harassment, and the costs incurred in pursuing the complaint.
• 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 a consumer dispute is a civil matter, not a criminal one. The police have no jurisdiction over cases of deficiency in service or non-refund. If you approach a police station, they will rightfully direct you to file a complaint with the Consumer Commission. Police intervention is only warranted if there is an element of a criminal offense like cheating (under Section 318 of the Bharatiya Nyaya Sanhita, 2023) or criminal breach of trust, which requires a higher burden of proof and is generally not the appropriate path for simple refund cases.

FAQs people normally have

• Is a lawyer necessary to file a consumer complaint?
  While it is not mandatory to hire a lawyer and you can represent yourself, having a lawyer is highly recommended. They can ensure the complaint is drafted correctly, all procedural requirements are met, and can argue the case effectively on your behalf.
• 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 a non-refund case, the cause of action starts from the date the refund was due after the return.
• Can I file the complaint from my city?
  Yes, under the Consumer Protection Act, 2019, you can file the complaint in the District Commission within whose jurisdiction you reside or personally work for gain.
• What happens after filing the complaint?
  The Commission will issue a notice to the opposite party (the company). The company must file its reply. The Commission will then hear both sides, review the evidence, and pass an order.

What evidence is required?

Strong evidence is the backbone of a successful consumer case. You should have:

• The product invoice or bill.
• Proof of payment (e.g., credit card statement, bank transfer details, UPI transaction ID).
• Screenshots of the product listing and the company’s return/refund policy.
• All email, SMS, or chat transcripts with the company’s customer support.
• The shipping receipt or courier tracking details proving the product was returned.
• A copy of the legal notice sent to the company and the postal receipt/tracking proof.

How long will the investigation take?

The Consumer Protection Act, 2019, mandates a speedy trial. The Act stipulates that every complaint should be disposed of as expeditiously as possible, ideally within three months from the date of receipt of notice by the opposite party. If the case requires analysis or testing of commodities, the period is extended to five months. However, in practice, the timeline can vary depending on the complexity of the case and the workload of the specific Commission.

Advocate Sudhir Rao, Supreme Court of India