One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X purchased a True Wireless Stereo (TWS) device from X.brand’s official website. Upon delivery, he discovered that the product box was empty – containing no actual device despite showing as delivered. When Mr.X attempted to raise a complaint through X.brand’s website, he faced significant obstacles. The customer support system was poorly designed, directing him to fill multiple Google forms without resolution. The customer service team took weeks to respond to his queries, providing generic responses that didn’t address his specific issue. After months of frustration with no refund or replacement, Mr.X decided to file a consumer complaint online through the consumer court portal. This case highlights the growing problem of online shopping frauds and inadequate customer service mechanisms that leave consumers with no choice but legal action.

Advice in Such Cases

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 to 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.

• Document all communication with the company immediately, including screenshots, emails, and call logs
• Check your bank statements and payment confirmations to establish proof of purchase
• File complaints with multiple consumer forums simultaneously for faster resolution
• Consider approaching your bank for chargeback if payment was made via credit card

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), several provisions apply to such cases. Section 318 of BNS deals with cheating and fraudulent practices in commercial transactions. Section 319 addresses dishonest misappropriation of property, applicable when companies fail to deliver paid goods. The Consumer Protection Act, 2019 provides comprehensive coverage for defective goods and deficient services. Additionally, Section 420 equivalent provisions in BNS cover fraudulent online transactions where companies accept payment without delivering products, constituting criminal breach of trust and cheating consumers.

If You Are the Complainant

• File your consumer complaint within two years of the incident through the online portal
• Prepare a detailed complaint with chronological order of events and supporting documents
• Include specific monetary compensation demands including refund, damages, and legal costs
• Attach all relevant evidence including payment receipts, delivery confirmations, and communication records
• Follow up regularly on your complaint status and attend all scheduled hearings promptly

If You Are the Victim

• Preserve all original packaging, delivery receipts, and photographic evidence of the empty box
• Report the incident to local police if the amount exceeds Rs. 20,000 as it constitutes fraud
• Contact your payment provider immediately to dispute the transaction and seek chargeback
• File complaints with consumer helpline numbers and online consumer portals for multiple pressure points
• Join consumer advocacy groups and social media forums to share your experience and seek support

How the Police Behave in Such Cases

Police typically treat online shopping frauds as civil matters initially, especially for smaller amounts. They may ask you to approach consumer courts first. However, if the amount is substantial or part of a larger fraud pattern, they register FIRs under relevant sections of BNS. Police often require detailed documentation and may take time to investigate due to the technical nature of online transactions. They usually coordinate with cyber crime cells for digital evidence collection.

FAQs People Normally Have

How long does a consumer case take? District consumer forums typically resolve cases within 3-5 months if uncontested, but contested cases may take 6-12 months.

What fees are involved? Consumer courts have minimal fees ranging from Rs. 100-1000 depending on claim amount, making them accessible to common people.

Can I represent myself? Yes, consumer courts allow self-representation, though having a lawyer increases chances of favorable outcome.

What if the company doesn’t respond? Consumer courts can pass ex-parte orders against non-responding companies, ensuring you still get relief.

What Evidence Is Required?

• Original purchase invoice or payment confirmation from bank/payment gateway
• Delivery receipt showing successful delivery of the package
• Photographic evidence of the empty box and packaging materials
• Screenshots of all communication attempts with customer service
• Email trails showing company responses or lack thereof
• Product advertisement or website screenshots showing original product claims
• Witness statements from family members present during package opening

How Long Will the Investigation Take?

Consumer court investigations typically conclude within 90-150 days for straightforward cases. The timeline depends on evidence complexity and company cooperation. If criminal proceedings are initiated parallel to civil action, police investigation may take 6-12 months. Online consumer portals usually provide status updates every 15-30 days, helping track progress effectively.

Advocate Sudhir Rao, Supreme Court of India