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

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. I have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

I paid for a product online but it was never delivered/was fake, what can I do? is governed in India primarily by Bharatiya Nyaya Sanhita, 2023 – Section 318 (cheating), Consumer Protection Act, 2019 – Section 2(47) and Information Technology Act, 2000 – Section 66D. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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 the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — most remedies under Bharatiya Nyaya Sanhita, 2023 – Section 318 (cheating) carry limitation periods, and a delay you cannot explain weakens an otherwise strong case. 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 this practice area.

Disclaimer: This information is for general awareness and does not constitute legal advice. Statutes and their interpretation change, and outcomes depend on the facts of your case. Please consult a qualified advocate before acting on it.