Product Not Delivered After Payment – Legal Remedy for Consumer
In this article, We discuss about the product not delivered after payment. What remedies are available to the consumer. When the product is not delivered after making the full payment. This article explains the right of the consumers, legal opinion, and procedure to file the complaint through e-jagriti.gov.in portal, including district commission, state commission, and national commission level remedies. legal notice procedure and the relevant provisions related to the consumer protection Act, 2019.
When the consumer makes payment for goods or services and the seller fails to delivered the product to the consumer within the promised time, it amount to deficiency in service and unfair trade practice. The consumer has the strong regal remedies available under the Indian consumer protection Act, 2019. The consumer easily seek justice through the consumer commission.
Two main remedies are available to the consumer.
- Refund of amount with compensation-> If the product is not delivered after the payment, the consumer can demand the full refund along with compensation for mental harassment and financial loss by filing the complaint before the Consumer commission through e-jagriti.gov.in Portal and submit original copy of complaint before the Commission.
- Direction for the delivery or replacement of product.-> The Consumer may also seek the direction to the seller or e-commerce website or company to deliver the product or provide the suitable replacement along with cost.
Legal Remedy available under Consumer Protection Act,2019
Non delivery of product after the payment clearly falls under,
- Section 2 (11) Deficiency in Service
- Section 2 (47) unfair trade practice.
The Consumer can file the complaint only through the e-jagriti.gov.in portal which is the official website of the consumer grievance redressal platform of the government of India and Consumer also remember that after online filing, the original copy of complaint must be submit before the consumer commission.
Jurisdiction for District Consumer Dispute Redressal Commission (DCDRC)
- Claim value un to Rs50 Lakhs
- The complaint can be field through the e-jagriti.gov.in Portal with physical.
- Suitable for most product not delivery cases.
- Faster and cost effective remedy.
Note:- Consumer should know > Every District in each state of India has a District Consumer Dispute Redressal Commission. The Consumer may personally visit the District consumer before filing the consumer complaint and can seek procedural assistance from the registry of the District Commission.
The Consumer can file the complaint personally without hiring an advocate/lawyer. In normal case no advocate is required and the consumer can file the case on their own. However if the case is difficult or involved legal complicated, the consumer may depute an advocate. if needed.
Jurisdiction for the State Consumer Dispute Redressal Commission (SCDRC)
- Claim value above of Rs 50 Lakh and unto of Rs2 Crore
- Consumer Complaint when the disputed amount is more than 50 Lakhs
- First Appeal against the District commission order/judgment
- Filing and tracking available on the e-jagriti.gov.in portal (Original copy of the First appeal mandatory to submit before the state commission)
Note:- The State Consumer Dispute Redressal Commission are available in every state and union territory of India. The Consumer can approach the state commission for filing the consumer complaint or filing the First Appeal against the order of the District Commission. Before filing the case, the consumer may visit the State Commission and take the basic guidance from the registry of the State Commission regarding the procedure. The Consumer can file the case personally without hiring an advocate/lawyer. However, if the matter is complex or involved higher claim value, the consumer may appoint an advocate if required.
Jurisdiction of the consumer commission for National Consumer Dispute Redressal Commission.
- Claim Value above of Rs 2 Crores
- File the Consumer Complaint if the disputed value of the claim is more than Rs 2 crores.
- First Appeal against the order/judgment passed by the State commission
- File the Revision Petition against the order/judgment of the First Appeal passed b y the State Commission (in old act)
- Filed the Second Appeal against the order/judgment passed by the Sate commission (while challenging the order of the State Commission the appellant must clearly stat the substantial question of law, otherwise, the second appeal SA is not maintainable.)
Note:- The National Consumer Dispute Redressal Commission (NCDRC) is the highest consumer commission in India. The Consumer can approach the National Commission to file the complaint of higher value or to file an appeal against the order passed by the State Commission. Before filing the case, the Consumer may visit the Registry of the National Commission for guidance. The Consumer can file the case personally without an advocate/lawyer but the value of the claim is usually high and the legal issue are more complex, therefore as per my experience, it is advisable to appoint an advocate for proper representation and effective handling of the case.
The consumer can go through this PDF, where everthing is explained about how to file consumer complaint online on e-jagriti.gov.in portal. Click Here
How to file consumer complaint for product is not delivered on time.
- Request for delivery of the product/service (Through Email or chat or raise complaint on the e-commerce website or content to seller if possible through any way.
- Draft Legal notice stating non delivery of product and mention transaction details and deadline send by speed post/ email/Whatsapp.
- keep proof for filing the complaint.
- if the seller fails to respond, the consumer can proceed to file the consumer complaint against the seller/service provider.
Note:- if the consumer unable to draft or send a legal notice to the seller/service provider, the consumer may take the help of an advocate/lawyer to do the same.
The relief can be claim by the complainant in the complaint.
- Demand full refund of the paid amount
- interest on the delay delivery of products/services
- compensation for the harassment
- Seek Litigation cost.
- Penalty for unfair trade practice.
If the Consumer want to file First Appeal Click Here
If the Consumer want to file Review Application Click Here
If the Consumer want to file Consumer Complaint Click Here
If the Consumer want to file Execution Application Click Here
For more update visit Home Click Here
Frequently Asked Question (FAQ)
is non delivery of goods after payment illegal ?
Yes, it is deficiency in service.
Can i file the consumer complaint without an advocate/lawyer?
Yes, but if complicated legal issue involved in your case, depute an advocate.
what documents are required?
invoice, payment of proof, communication record etc.
How long does the complaint case take ?
Usually 3 to 6 month but the duration may be extened depending on the facts and complexity of the case.
can i claim compensation?
Yes, mental harassment compensation is allowed under the consumer law.
Is legal notice compulsory?
No, it is not compulsory, but it is recommended
Can i attend the hearing online ?
Yes, if video conferencing is available in the consumer commission.
Can i withdraw the complaint later?
Yes, you can appeare before the Consumer Commission and withdraw the complaint.
If the product is not delivered after payment, the consumer should not remain helpless. The Consumer protection Act, 2019 provide strong, fast effective legal remedy. Every consumer must be aware of their right and visit consumer commission to seek justice.
Disclaimer
This article is for general information and awareness purposes only. It does not constitute legal advice. The information provided is based on general principle of consumer law. The readers are adviced to consult a qualified legal lawyer/advocate before taking any legal action.