What can I do if an online seller takes payment but does not deliver the product?

A consumer who pays an online seller in Pakistan but does not receive the promised product may have contractual and consumer-protection remedies. The legal response depends on whether the seller failed to deliver, supplied an incorrect item, made a fraudulent representation or became unable to perform. Not every delayed parcel proves a criminal offence, and not every contractual dispute must be pursued as an FIR.

Applicable consumer law differs by province and territory. The Punjab Consumer Protection Act, 2005 and other provincial statutes address specified consumer rights and remedies. Online marketplaces can also have contractual refund mechanisms. Evidence of the payment, listing, promised delivery and complaint history is central.

Identify the actual seller

An online transaction may involve a marketplace operator, independent merchant, courier and payment provider.

Determine who contracted to supply the goods and what each intermediary promised. A platform hosting third-party listings may have different obligations from a seller offering its own stock.

Preserve the original product page, invoice, order number and legal trading name rather than relying only on a social-media username.

Contract and description

The accepted order may establish legally relevant terms concerning item, price, delivery and refund, subject to platform conditions and the law.

A seller may promise delivery by a fixed date or provide an estimated dispatch period. The distinction can affect proof of breach.

Keep records of any later changes to product information and tracking status.

Proof of payment

Preserve card, bank, wallet or transfer records showing recipient, date and amount. For cash-on-delivery transactions, retain courier documentation.

An order screenshot without proof that money was actually paid may not establish the full claim.

Account for any partial delivery or refund in the amount demanded.

Platform grievance procedure

Use the marketplace's official dispute and refund facilities promptly. Some contractual procedures contain short reporting windows.

Provide accurate order and delivery information and request lawful performance, replacement or repayment.

Retain the claim reference and responses. A customer-service message that the case is being investigated does not mean a refund has already been approved.

Consumer-protection law

The competent consumer forum depends on the province, transaction and the relevant statutory definitions.

Notice, limitation and procedural requirements may apply. An ordinary commercial purchase for resale may require different analysis from a personal consumer purchase.

The claim should identify the responsible business and legal basis rather than simply accuse the entire website of dishonesty.

Refund or other compensation

Contract and consumer law may permit repayment, replacement or other proven relief according to the case.

A buyer should distinguish the actual purchase price from additional loss and provide evidence for any consequential amount.

A broad demand for punitive damages without legal basis may undermine a genuine claim for the price.

Counterfeit or misdescribed goods

Where an item arrives but does not match the advertised product, preserve packaging, product photographs and comparisons.

A wrong model or misleading specification may support contractual or consumer relief. Deliberate deception may raise additional legal questions.

Check whether a legally adequate replacement or repair was offered and how accepting it affects the dispute.

Criminal allegations of fraud

Evidence that a purported seller used a false identity and never intended to supply goods may warrant separate criminal analysis.

However, delay, stock shortages or an ordinary commercial disagreement do not automatically satisfy the ingredients of cheating.

Criminal process should not be treated merely as pressure to accelerate a refund.

Cross-border orders

An international seller may be subject to different contractual, payment and jurisdictional arrangements.

Identify the merchant's country, platform rules and payment method. Chargebacks or payment-provider disputes may be more practicable than immediate foreign litigation.

A foreign shipping address does not automatically eliminate all Pakistani legal connections, but enforceability must be assessed realistically.

Bank and wallet procedures

Where a bank card or regulated wallet was used, examine any available transaction dispute or chargeback mechanism.

An authorised payment for undelivered goods differs from a payment the customer did not authorise. The applicable banking complaint route may differ.

Act within the relevant provider's time limits and supply accurate evidence.

Digital evidence preservation

Retain full communications, original invoices, product URLs, order confirmations and transaction records.

Screenshots may omit context or be disputed. Preserve complete chat exports or reliable account records where possible.

Do not threaten to publish the seller's private identity documents or encourage others to harass company staff.

A practical case

A customer pays Rs. 80,000 for a smartphone advertised by a Pakistani retailer. The retailer repeatedly postpones dispatch and stops responding.

The consumer should record the contractual promise and actual payment, demand performance or refund and examine the competent consumer forum.

If independent evidence establishes a deliberately fraudulent scheme, the criminal-law position may be investigated separately.

Legal demand

A focused notice identifies the seller, order, amount paid, contractual default and remedy sought. It should give a sensible opportunity to respond and comply with any statutory precondition.

The notice can facilitate settlement and create a clear written record.

Overstated threats of arrest or large damages without legal support are unlikely to improve the underlying contractual case.

Third-party delivery failures

If the seller dispatched goods through a courier, determine whether delivery risk remained with the seller under the agreement.

The tracking record, proof of handover and courier terms can assist. The consumer should not assume that the courier alone is liable.

The contract may allocate loss or risk differently depending on dispatch terms, and consumer protections can still be relevant.

Jurisdiction and deadlines

Determine the seller's legal address, place of transaction and forum under the relevant provincial law. Applicable consumer procedure may specify deadlines and notices distinct from ordinary civil suits.

Act promptly and preserve evidence of the first complaint.

Where the buyer purchased goods for business resale, review whether that purchaser qualifies under the consumer statute.

Settlement and receipt

If the seller offers repayment in instalments, document the amounts, dates and consequences of default.

Do not sign a final settlement acknowledgment before the agreed refund has actually been received unless the agreement clearly protects the buyer.

Any platform refund or card reversal should be credited to avoid double recovery.

Opinion and recommended course

An online buyer may seek refund, replacement or other legally available relief for non-delivery under the contract and applicable consumer law. Criminal liability demands separate proof of the statutory elements.

Identify the actual seller, preserve payment and listing evidence, use the platform and payment dispute routes and pursue a timely consumer or civil claim if needed.

Principal authorities: Contract Act, 1872; Punjab Consumer Protection Act, 2005 or corresponding applicable provincial statute; Qanun-e-Shahadat Order, 1984 and relevant electronic-record law; the parties' platform terms.