Payment not refund and the order not sent

843 votes

This is a case of a likely online shopping fraud and an unfair trade practice. The seller initially advertised the dress for ₹300 and, after receiving the payment, demanded an additional ₹199 as delivery charges. Even after that amount was paid, the seller further demanded ₹599 for a tracking ID. Such repeated demands for extra money after the completion of the transaction are highly suspicious and may amount to deceptive conduct intended to extract more money from the consumer. Under the Consumer Protection Act, 2019, consumers have a right to be informed about the total price, charges, and terms of sale before making a purchase. Any hidden charges or post-payment demands can be treated as an unfair trade practice. The consumer should immediately stop making any further payments and preserve all evidence, including screenshots of advertisements, payment receipts, chat messages, emails, and bank transaction details. The consumer should first contact the seller and demand either delivery of the product as originally promised or a full refund. If the seller fails to respond satisfactorily, a complaint may be lodged on the National Consumer Helpline, the e-Daakhil portal, or before the appropriate Consumer Commission. If there is evidence of cheating or fraudulent inducement, the matter may also be reported to the National Cyber Crime Reporting Portal or the local police. In conclusion, the seller’s conduct raises serious concerns of fraud and unfair trade practice. The consumer is not legally bound to pay the additional amount demanded for the tracking ID and should pursue appropriate consumer and legal remedies to seek redressal.

Advocate Lalit Saxena LawRato

791 votes

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Advocate Vikas Agarwal LawRato

677 votes

Based on the facts provided, the conduct of the seller prima facie appears to constitute cheating, misrepresentation, and an unfair trade practice. The seller initially agreed to sell the dress for ₹300, but subsequently demanded additional amounts of ₹199 towards delivery charges and ₹599 for a tracking ID after receiving payment. Such repeated demands for money after confirmation of the order are highly suspicious and indicative of a possible online fraud. Relevant Legal Provisions: Section 318, Bharatiya Nyaya Sanhita, 2023 (Cheating) – If the seller induced payment through false representations. Information Technology Act, 2000 – Applicable if electronic means were used to deceive or defraud the buyer. Consumer Protection Act, 2019 – The buyer can seek refund and compensation for unfair trade practices and deficiency in service. Suggested Course of Action: Do not make any further payments. Preserve all screenshots, chats, invoices, payment receipts, and transaction details. File a complaint on the National Cyber Crime Reporting Portal. Lodge a consumer complaint seeking refund, compensation, and appropriate action against the seller. If the seller's identity is known, criminal proceedings for cheating may also be initiated. You have a strong case to seek refund of the amount already paid and to take legal action against the seller for deceptive conduct.

Advocate JC Prateek Pal LawRato