Answer By law4u team
With the rapid rise of e-commerce, online shopping has become convenient - but also prone to fraud. Many consumers face issues like receiving fake or damaged products, incorrect deliveries, or no delivery at all after making payments. The Consumer Protection Act 2019 and related cyber laws provide a legal framework for filing complaints against such fraudulent online sellers. Timely legal action ensures protection of consumer rights and encourages responsible business practices.
When Is an Online Seller Considered Fraudulent?
- Delivering counterfeit or substandard products
- Charging for products but not delivering them
- Misrepresenting products in photos or descriptions
- Refusing to refund or respond to complaints
- Using fake identities or unverified platforms for sales
Step-by-Step Procedure to File a Complaint
1. Collect and Preserve Evidence
- Take screenshots of the product listing, order confirmation, payment receipt, and any communication (emails, chats, messages).
- Keep photos or videos of the delivered product (if defective, fake, or different from the listing).
- Save the invoice, tracking number, and package labels (if applicable).
2. Raise a Complaint with the Platform
- Most e-commerce platforms (like Amazon, Flipkart, Meesho) have internal grievance redressal mechanisms.
- Go to the platform’s help center and file a complaint through your order history.
- Request refund or return, and document their response.
3. Send a Legal Notice (Optional but Effective)
- If the seller or platform fails to resolve your issue, send a legal notice through a lawyer demanding action within 15–30 days.
- This shows seriousness and is often enough to prompt a resolution.
4. File a Complaint in the Consumer Forum
- Draft a formal complaint stating:
- Details of the transaction
- Nature of fraud
- Attempts made to resolve the issue
- Relief sought (refund, compensation, costs)
- Attach all supporting evidence.
- File the complaint in the District Consumer Commission if the claim amount is up to ₹50 lakh, State Commission for ₹50 lakh–₹2 crore, or National Commission for above ₹2 crore.
5. Register on E-Daakhil Portal (Online Option)
- Visit edaakhil.nic.in
- Create an account and upload your complaint and documents.
- Track your complaint and attend hearings virtually or in person.
Alternate Legal Remedies
- Cybercrime Portal: If there is online payment fraud, report it at cybercrime.gov.in.
- National Consumer Helpline: Dial 1800-11-4000 or lodge complaints at consumerhelpline.gov.in.
- RBI Ombudsman: If payment via banking services (credit/debit cards or UPI) is involved and disputed, you can raise a complaint with the respective bank or RBI ombudsman.
Documents Required
- Order invoice and payment proof
- Product images (if delivered)
- Screenshots of website and product page
- Communication history with seller/platform
- Identity proof (Aadhaar, PAN, etc.)
- Written complaint or legal notice copy (if sent)
Consumer Tips
- Always buy from verified sellers on trusted platforms.
- Avoid transactions through unknown links or social media without buyer protection.
- Check seller reviews and ratings before purchase.
- Never share OTPs or sensitive payment details with anyone claiming to be a seller.
- Use prepaid methods that offer chargeback options (credit cards, UPI apps).
Example
- A consumer orders branded headphones worth ₹5,000 from an online marketplace. They receive a low-quality counterfeit product and the seller refuses return:
- The consumer raises a return request, which is denied.
- Collects all records - product photos, invoice, and chat transcripts.
- Sends a legal notice to the seller and the platform.
- Files a complaint with the District Consumer Forum via the E-Daakhil portal, demanding a full refund and ₹10,000 as compensation for mental agony and legal cost.
- The forum finds the seller liable and orders refund plus ₹5,000 in damages.
Conclusion
Fraudulent online sellers can no longer operate with impunity. The Consumer Protection Act 2019, combined with digital complaint mechanisms like E-Daakhil and cybercrime portals, empowers consumers to take firm action. Filing a complaint with strong evidence not only helps recover losses but also contributes to safer online shopping for all.