I paid for a product online but it was never delivered/was fake, what can I do?

Question

I ordered something from an online seller or marketplace and either received nothing or got a counterfeit/damaged product, and the seller isn't responding. What I am unsure about is the procedure — where the application goes, what it costs, and how long online shopping fraud matters usually take. A plain explanation of the steps, in order, would help more than a general answer.

MyVakeel Legal Desk · Accepted Answer

The law that applies to online shopping fraud here is Bharatiya Nyaya Sanhita, 2023 – Section 318 (cheating), Consumer Protection Act, 2019 – Section 2(47) and Information Technology Act, 2000 – Section 66D. The detail below matters, because Bharatiya Nyaya Sanhita, 2023 – Section 318 (cheating) draws the line differently depending on what your documents show.

This amounts to cheating under Section 318 of the Bharatiya Nyaya Sanhita, 2023 (replacing IPC 420) if there was dishonest inducement to pay, punishable with imprisonment up to 7 years depending on the aggravating factors involved.

It also qualifies as an 'unfair trade practice' or 'deficiency in service' under the Consumer Protection Act, 2019, letting you file a complaint before the District Consumer Disputes Redressal Commission for a refund plus compensation, without needing a lawyer for claims typically up to Rs 5 lakh.

If payment was made online and personation/misrepresentation was used, Section 66D of the IT Act (cheating by personation using a computer resource) also applies, giving you the option of a parallel criminal complaint.

E-commerce platforms are required under the Consumer Protection (E-Commerce) Rules, 2020 to have a grievance redressal mechanism and cannot altogether disclaim liability for fraud by third-party sellers on their platform.

The National Consumer Helpline (1915) and the e-daakhil portal allow you to file consumer complaints online without physically visiting a commission, and typical resolution for straightforward refund disputes takes a few months.

What to do next: 1) Contact the seller/platform in writing and request a refund within a specific deadline; 2) File a complaint at cybercrime.gov.in if payment fraud/personation is involved; 3) File a consumer complaint via e-daakhil or call the National Consumer Helpline 1915; 4) Escalate to the District Consumer Commission if unresolved within a reasonable period.

If you are unsure whether your facts fall inside Bharatiya Nyaya Sanhita, 2023 – Section 318 (cheating), that is worth checking with an advocate before you commit to a route, because switching later costs time. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in cyber law.