Online Shopping Fraud: Defective Product Delivered With No Return Option

This article is published by The Legal Warning India and written by Advocate Uday Singh.

Introduction: A Growing Digital Consumer Problem

Online shopping has become an essential part of daily life in India. Consumers regularly purchase
electronics, clothing, household goods, and even essential services through e-commerce platforms.
However, with this convenience, cases of online shopping fraud have increased significantly.

One of the most common complaints today involves situations where a consumer receives a
defective, damaged, fake, or misrepresented product and later discovers that the seller or platform
claims the product is “non-returnable” or covered under a “no return policy.”

This article explains the legal position, consumer rights, and remedies available in such cases,
strictly for general legal awareness.

What Is This Type of Online Shopping Fraud?

This type of fraud generally follows a recurring pattern:

A consumer orders a product online based on images and description
The delivered item is damaged, fake, used, or not as advertised
The seller or platform refuses refund or replacement
The refusal is justified using a “no return” or “non-returnable” clause

In many cases, the consumer only realizes the deception after opening the package.

Are “No Return” Policies Legally Valid in India?

A “no return” policy does not override statutory consumer rights.

If a product is:

Defective
Misrepresented
Not as described
Unsafe or unusable

Then the consumer retains legal remedies under Indian law, regardless of the return policy mentioned
on the website.

Consumer Protection Act, 2019 – Key Safeguards

The Consumer Protection Act, 2019 provides strong protection against such practices.

Defective Goods: Goods failing to meet quality or standards
Unfair Trade Practice: False or misleading representations
Product Liability: Accountability of seller, manufacturer, and marketplace

Consumers may seek refund, replacement, compensation, and corrective action.

E-Commerce Rules, 2020 – Platform Responsibility

The Consumer Protection (E-Commerce) Rules, 2020 impose obligations on online marketplaces.

Accurate product descriptions
Clear disclosure of refund and return terms
Effective grievance redressal mechanism
Seller accountability and traceability

E-commerce platforms cannot completely disclaim responsibility by shifting blame to sellers.

When Can Criminal Law Become Relevant?

If the facts indicate intentional deception, repeated fraud, or organized cheating,
criminal provisions may apply depending on circumstances.

Such cases require careful evaluation of intent, evidence, and transaction history.

Immediate Steps Consumers Should Take

1. Preserve Evidence

Order confirmation emails
Invoices and payment receipts
Product photos and unboxing videos
Screenshots of product description

2. Contact Platform Grievance Officer

Every e-commerce platform must appoint a grievance officer and provide contact details.

3. Submit Written Complaint

Clearly mention the defect, mismatch, and demand appropriate relief.

4. Consumer Complaint (If Required)

If unresolved, the consumer may approach appropriate consumer redressal mechanisms.

Common Red Flags Consumers Should Watch

Extremely low pricing
New or unverified sellers
Fake or repetitive reviews
No physical address or contact details
Pressure-based sales tactics

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The information is for general legal awareness only.
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Disclaimer

This article is published strictly for general legal awareness.
It does not constitute legal advice, solicitation, or advertisement under Bar Council of India Rule 36.
Information is based on publicly available laws and reported consumer issues.
Readers are advised to verify facts independently and consult appropriate authorities where required.