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

Mr. Alok Kumar, a resident of a metropolitan city, recently faced a frustrating situation with a major online retailer, “GlobalKart.” He had ordered a specific “Premium Health Supplement” valued at approximately ₹7,500. However, the package he received contained a “Mass Gainer Formula,” a significantly different and cheaper product worth only around ₹3,000. Understanding the substantial difference in the products, he immediately took photographs of the incorrect item and the packaging and raised a complaint with GlobalKart’s customer service.

The company initially stated that an investigation would take four business days. After the period lapsed without any proactive communication, Mr. Kumar had to follow up multiple times. A return was initiated, but the pickup was repeatedly postponed and never occurred. To his dismay, he later received an email stating that their internal investigation had concluded, and they would not be able to issue a refund or a replacement. The company’s specialist teams were unhelpful, often rude, and communicated only via email, leaving him with no proper recourse. Feeling cheated, Mr. Kumar filed a complaint on the National Consumer Helpline portal and is now considering his further legal options, including approaching the consumer court.

Advice in such cases

Facing such a situation with a large e-commerce company can be daunting. However, the law provides robust protection for consumers.

• Document Everything: From the moment you place the order, keep a record of everything. This includes the order confirmation email, product webpage screenshot, invoice, and most importantly, an unboxing video. A video is powerful evidence that proves the state of the package and its contents upon arrival.
• Communicate in Writing: While calling customer service is quick, always follow up with an email summarizing the conversation. This creates a written trail of your attempts to resolve the issue. Save all chat transcripts and email communications.
• Send a Legal Notice: If the company refuses to resolve the issue, the next step is to send a formal legal notice through a lawyer. This notice details your grievance, the relief sought (refund, replacement, compensation), and a deadline for the company to comply. Often, a well-drafted legal notice is enough to prompt a resolution.
• File a Consumer Complaint: If the legal notice is ignored, you can file a complaint before the appropriate Consumer Disputes Redressal Commission. With the advent of the e-daakhil portal, you can now file complaints online from the comfort of your home.
• **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

The primary legislation governing such disputes is the Consumer Protection Act, 2019. The actions of the e-commerce company in this scenario can be classified as:

• Deficiency in Service: Under Section 2(11) of the Act, “deficiency” means any fault, imperfection, shortcoming, or inadequacy in the quality, nature, and manner of performance. Delivering the wrong product and then failing to provide a proper resolution mechanism clearly falls under this definition.
• Unfair Trade Practice: Section 2(47) defines this as a trade practice which, for the purpose of promoting the sale, use or supply of any goods, adopts any unfair method or deceptive practice. Refusing a refund for a wrongly delivered item after an alleged “investigation” can be argued as an unfair trade practice.
• Indian Contract Act, 1872: When you place an order, you enter into a contract of sale with the seller. Delivering the wrong item is a breach of this contract, entitling you to repudiate the contract and claim a refund.

If you are the complainant

As the person who has been wronged, you are the complainant. Your goal is to build a strong case to prove the deficiency in service.

• Gather Your Arsenal of Evidence: Systematically arrange all your documents: invoice, order details, photos, videos, emails, chat logs, and a copy of the legal notice.
• Be Clear in Your Complaint: When filing the complaint with the Consumer Commission, clearly state the facts, the deficiency on the part of the company, and the relief you are seeking. This should include the cost of the product, compensation for mental harassment and agony, and the costs incurred in litigation.
• Use the E-Daakhil Portal: Familiarize yourself with the government’s e-daakhil.gov.in portal. It has streamlined the process of filing consumer complaints, making it more accessible and efficient.
• **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 a practice, remember that you have rights. The Consumer Protection Act, 2019, is specifically designed to protect you.

• Know Your Rights: You have the right to be protected against the marketing of goods which are hazardous to life and property, the right to be informed, the right to choose, the right to be heard, and the right to seek redressal.
• Do Not Be Intimidated: Large corporations often have complex and frustrating customer service systems designed to wear consumers down. Persist in your efforts and follow the legal path.
• Seek Compensation: Do not just seek a refund. The law entitles you to seek compensation for the mental distress, harassment, and financial loss caused by the company’s 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

It is important to understand the distinction between a civil/consumer wrong and a criminal offence. While such an act feels like “cheating,” the police may be reluctant to register a First Information Report (FIR) for a standalone case of a wrong product delivery. They generally view these as consumer disputes rather than criminal acts with malicious intent (mens rea) required for offences like cheating under the Bharatiya Nyaya Sanhita (BNS). They will most likely advise you to approach the Consumer Commission, which is the appropriate forum for such grievances. Police intervention typically occurs only when there is evidence of a large-scale, organised scam targeting numerous customers, not in isolated cases of service deficiency.

FAQs people normally have

Is it worth going to the consumer court for a relatively small amount?

Absolutely. The Consumer Protection Act is designed for this very purpose. The filing fees are nominal, and the process is less formal than traditional courts. If you win, the company can be ordered to pay your product cost, compensation, and litigation expenses, making it financially viable.

How many times will I have to go to the Commission?

The number of appearances has reduced significantly with modern procedures. The 2019 Act encourages mediation and allows for hearings via video conferencing. If you hire a lawyer, they can represent you on most dates, minimizing the need for your personal presence.

Can I file the complaint myself without a lawyer?

Yes, the law permits you to file and argue your case in person. The e-daakhil portal is designed to be user-friendly. However, a company will always be represented by its legal team. Engaging a lawyer who understands the nuances of consumer law can significantly strengthen your case and improve your chances of a favourable outcome.

What evidence is required?

To build an irrefutable case, you should have the following evidence:

• The product order confirmation email or message.
• The tax invoice or bill for the purchase.
• A clear, unedited unboxing video showing the sealed package being opened to reveal the wrong product.
• Clear photographs of the incorrect item, the shipping label, and the packaging.
• Screenshots of all email and chat communications with the customer service team.
• A copy of the legal notice you sent to the company.
• Proof of delivery of the legal notice (postal receipt, tracking report).

How long will the investigation take?

The “investigation” by the company is an internal process with no legal standing and is often used as a delaying tactic. The actual legal process in the Consumer Commission has a timeline. The Consumer Protection Act, 2019, mandates an endeavor to decide cases within three months from the date of receipt of notice by the opposite party, or within five months if the case requires product analysis or testing. While delays can occur due to the workload of the commissions, the process is significantly faster than traditional civil suits.

Advocate Sudhir Rao, Supreme Court of India