Introduction
The rise of e-commerce has also given rise to fraudulent activities, including fake product scams, where consumers either receive counterfeit items or no product at all. In such cases, buyers are often left confused and frustrated. However, under Indian consumer protection laws, remedies are available, and there is a structured way to seek refunds or raise legal complaints. Consumers should remain calm and follow specific steps to ensure their rights are protected.
Step-by-Step Guide to Seek a Refund
Step 1: Contact the Seller/Platform
Immediately after realizing that the product is fake or hasn’t been delivered:
- Email the company or seller with all relevant details, such as the order number, payment receipt, and the issue (fake product or non-delivery).
- Request tracking details and a clear update on the status.
- Even if it appears to be a scam, it’s important to show good faith efforts to resolve the issue directly.
This step is important to build a record of communication, which is essential if you escalate the issue later.
Step 2: Contact the Payment Service Provider
If the seller does not respond or refuses a refund:
- Credit/Debit Card Users: Contact your bank and file a chargeback request. Provide them with the communication with the seller to show that the product was never received or was counterfeit.
- UPI/Net Banking: File a complaint through your banking app or visit your bank branch. RBI guidelines mandate banks to assist with unauthorized or failed transactions.
- PayPal or Other Gateways: Raise a dispute via the payment platform, which often has buyer protection policies in place.
The Reserve Bank of India (RBI) provides guidelines under the Ombudsman Scheme for digital transactions, empowering consumers to resolve payment disputes efficiently.
Applicable Legal Provisions
1. Consumer Protection Act, 2019
This Act provides comprehensive remedies for consumers:
- Section 2(1)(r) defines “unfair trade practices,” which include selling counterfeit goods.
- Consumers can file complaints for defective goods, deficiency in service, or fraudulent practices before the Consumer Disputes Redressal Commission.
2. Indian Penal Code (IPC), 1860
- Section 420 IPC (cheating and dishonestly inducing the delivery of property) may be invoked against sellers who knowingly send fake goods.
- Section 468 & 471 IPC (forgery and use of forged documents) may apply if counterfeit branding is involved.
Other Avenues for Redressal
1. File a Complaint on the National Consumer Helpline (NCH)
- Visit https://consumerhelpline.gov.in
- Lodge a grievance with detailed information and documentary proof.
2. Complaint to E-commerce Platform
If the purchase was made via platforms like Amazon, Flipkart, Meesho, or others, these platforms are obligated under the Consumer Protection (E-Commerce) Rules, 2020, to:
- Respond to consumer complaints within a specified timeframe.
- Clearly mention seller information and return/refund policies.
3. Lodge an FIR (if necessary)
If the monetary loss is significant or the scam is severe:
- Visit your nearest police station and file an FIR under cyber fraud or cheating.
- Alternatively, report to the Cyber Crime Portal: https://cybercrime.gov.in
Being scammed online can be distressing, but Indian laws offer strong consumer protection mechanisms. Always document your communication, approach your bank or payment provider quickly, and file a complaint with consumer protection forums if needed. With timely action and awareness, you can often recover your money and hold fraudsters accountable.
