Legal remedies if online shopping website delivers wrong product

937 votes

As per Section Section 2(1) (f) of the Consumer Protection Act “any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to maintained by or under any law for the time being in force or under any contract, express or implied, or as is claimed by the trader (which includes the manufacturer) in any manner whatsoever in relation to any goods.”

Your case is a classic case of willful misrepresentation by the seller. Many times they try to escape from the liability stating that this is against there company policy. By way of Consumer Compliant, we challenge the impugned return policy.

Legal Option: Send a legal notice to the seller & online website to exchange or refund. if no solution is reached then you can sue him for the act of defrauding in Jurisdictional District consumer Forum along with compensation and cost of suit. The limitation to file the above suit is 2 years from the date of cause of action.

Advocate Jamal Sait LawRato

905 votes

Hi, you can approach the consumer forum by filing consumer complaint, you are required to make the website and the supplier as a party to the case and provide all the materials such as your online shopping confirmation, your complaint with website etc.

Advocate Naman Saraswat LawRato

509 votes

1. Issue legal notice to them.

2. They have to act upon the legal notice in stipulated time either on refund or replacement product.

3. You may also share the legal notice through their email id / whatsapp no ... etc.,

LawRato LawRato

259 votes

1. Legal Remedies for Wrong Product Delivery:
   • Consumer Protection Laws: Consumers in India are protected by the Consumer Protection Act, 2019, which provides legal remedies for issues like receiving the wrong product.
   • Right to Return: As a consumer, you have the right to return the wrong product received. The online shopping website is obligated to accept the return and provide a refund or replacement, as per your preference.
   • Product Description: If the wrong product was delivered due to a discrepancy in the product description on the website or app, this can be considered a violation of your consumer rights. You have the right to receive the product that was accurately described.
   • Contact the Seller/Website: The first step should be to contact the seller or the website's customer support immediately after receiving the wrong product. Document all communication, including emails or chat transcripts.
   • Consumer Complaint: If the seller or website does not cooperate or resolve the issue satisfactorily, you can file a consumer complaint with the appropriate Consumer Dispute Redressal Forum. This forum will help mediate and resolve the dispute.
   • Evidence: Keep all evidence related to the purchase, including order confirmation, delivery receipts, product images, and descriptions, as these can be crucial in your case.
   • Legal Action: If the issue is not resolved through the consumer complaint process, you may consider taking legal action. Consult with a consumer rights attorney to explore your legal options.
2. Time Limit: It's important to act promptly. Most online shopping websites have a specific return or replacement window, so make sure to report the issue within that timeframe.
3. Consumer Rights Protection: Be aware of your rights as a consumer, which include receiving the correct product, refunds, and compensation for any inconvenience caused.
4. Documentation: Keep thorough records of all interactions and transactions with the online shopping website, as these will be valuable if you need to escalate the matter.

In conclusion, if an online shopping website delivers the wrong product, consumers in India have legal rights under the Consumer Protection Act, 2019. They can seek remedies such as returns, refunds, replacements, and even legal action if necessary to protect their consumer rights. It's important to act promptly and keep detailed records throughout the process.

Advocate Chikirsha Mohanty LawRato