How do I complaint against an online shopping fraud?
If you have been cheated or defrauded while shopping online, you can file a complaint against the online shopping fraud through both legal and consumer protection mechanisms available under Indian law. Online shopping fraud is a growing concern and may involve undelivered products, fake websites, wrong or defective goods, fake customer care scams, or payment frauds. You have full legal rights as a consumer to seek redressal and even compensation.
Below is a detailed guide on how to complain against online shopping fraud in India, along with legal remedies, complaint portals, steps to follow, and frequently asked questions.
What is Online Shopping Fraud?
Online shopping fraud refers to any deceptive or dishonest act carried out during online transactions or purchases. Common forms include:
- You paid for a product, but it was never delivered.
- You received a damaged or wrong item and the seller refused to refund or replace it.
- You bought from a fake website or app pretending to be a genuine brand.
- Your money was deducted but the order did not get placed.
- Your card or UPI credentials were misused by fake customer care numbers.
- You received fake products or counterfeit goods.
Legal Provisions Applicable
- Consumer Protection Act, 2019
Protects the rights of consumers and allows them to file complaints before the Consumer Commission for unfair trade practices, defective goods, and deficiency in service. - Information Technology Act, 2000
Covers online fraud, data theft, phishing, and hacking. Under this Act, fraudsters can be punished for cybercrime offenses. - Indian Penal Code (IPC)
Applicable sections:- Section 420 IPC – Cheating and dishonestly inducing delivery of property.
- Section 406 IPC – Criminal breach of trust.
- Section 468 IPC – Forgery for purpose of cheating.
Step-by-Step Procedure to File a Complaint Against Online Shopping Fraud
Step 1: Contact the E-commerce Platform’s Customer Service
- First, try resolving the issue through the official customer care of platforms like Amazon, Flipkart, Myntra, Snapdeal, Meesho, etc.
- Every major platform has a grievance redressal mechanism as per Consumer Protection (E-commerce) Rules, 2020.
Step 2: Send a Legal Notice (Optional Step for Higher Amounts)
- If the company or seller does not resolve your issue, you can send a legal notice through a lawyer demanding refund/replacement within a stipulated period.
Step 3: File a Complaint on the National Consumer Helpline (NCH)
- Visit https://consumerhelpline.gov.in
- You can register a complaint online or by calling toll-free number 1800-11-4000 or 14404
- You can also use the CPGRAMS Portal: https://pgportal.gov.in
Step 4: File a Complaint with the Cyber Crime Portal
- If the fraud involves phishing, fake websites, or payment scams, lodge a complaint at the National Cyber Crime Reporting Portal: https://cybercrime.gov.in
- Select the “Report Other Cyber Crimes” section and follow the instructions.
- Provide full details, transaction screenshots, communication with seller, payment receipt, etc.
Step 5: File an FIR with the Police
- If you have suffered a significant financial loss or have been cheated deliberately, file a written complaint at your nearest police station or Cyber Crime Police Station.
- Mention all details clearly: Order ID, date of transaction, website/app name, payment mode, and communication records.
Step 6: Approach the Consumer Commission
- If your grievance is still unresolved, file a formal case before the Consumer Disputes Redressal Commission (District, State, or National) depending on the amount involved:
- District Commission – up to ₹50 lakhs
- State Commission – ₹50 lakhs to ₹2 crores
- National Commission – above ₹2 crores
- The case can be filed online through the E-Daakhil Portal: https://edaakhil.nic.in
Documents Required for Complaint
- Invoice or order receipt
- Payment transaction screenshot
- Emails/SMS/chat with the seller or customer service
- Screenshots of product listing, if applicable
- Photo of the product received (if damaged or fake)
- Bank or UPI transaction details
- Your ID proof (for filing FIR or consumer complaint)
FAQs
Q1. Can I take legal action if I bought something from a fake website?
Yes, you can file a cyber fraud complaint on https://cybercrime.gov.in and a criminal complaint under IPC sections like 420, 468 for cheating and forgery.
Q2. What should I do if the online seller refuses to give me a refund?
First, try escalating the issue to the platform’s grievance redressal officer. If not resolved, lodge a complaint on https://consumerhelpline.gov.in or file a case with the Consumer Commission.
Q3. Can I claim compensation for mental harassment and financial loss?
Yes, under the Consumer Protection Act, 2019, you can claim compensation for physical, mental, and financial loss by proving negligence or deficiency in service.
Q4. Is there any fee to file a consumer case?
Yes, there is a nominal fee depending on the amount of claim, but the E-Daakhil Portal allows you to file online conveniently.
Q5. How long does it take to resolve a consumer case?
Consumer cases typically take 3 to 6 months in straightforward cases, but complex matters may take longer depending on evidence and the workload of the commission.
Q6. What if the fraud happened through an international site?
You may not be able to recover your money easily if the website is not Indian or not regulated. However, you can still report it to cybercrime authorities, and contact your bank for a chargeback if the payment was made via card.
Q7. Can I report the matter to my bank to block the transaction?
Yes, if you suspect a fraud has just occurred, you should immediately inform your bank, raise a dispute on the transaction, and request a chargeback (in case of credit card).
Conclusion
If you are a victim of online shopping fraud, you have every right to seek legal recourse under Indian law. From lodging a complaint with the e-commerce platform and national consumer helpline to filing a cybercrime report or consumer court case, multiple remedies are available. Always keep records of your transactions and report frauds at the earliest to prevent further damage. Swift action can help you recover your money, punish the fraudsters, and also protect others from falling into the same trap.
Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
