Parcel Arrived Empty, Wrong or Damaged in India: Unboxing Video, Refusing Delivery and Who Is Liable

Short answer: if a parcel is empty, holds the wrong item or arrives damaged, film the opening in one unbroken video, photograph the label, tell the seller in writing the same day with the remedy you want, and claim the refund or replacement from the seller, not the courier. The seller is the party you paid and contracted with; the courier’s liability runs mainly to whoever booked it and is capped by law. If you see tampering at the door, you can refuse the parcel and tell the seller that you have. If the seller does not fix it, escalate to its grievance officer (which must acknowledge in 48 hours and redress within one month), then to your card issuer or UPI app, the National Consumer Helpline on 1915, and a consumer complaint on e-Jagriti.

General consumer information, not legal advice. The Sale of Goods Act, 1930, the Carriage by Road Act, 2007, the Consumer Protection Act, 2019 and the E-Commerce Rules, 2020 were checked against the sources cited on 20 October 2026. Where a point is my reading of the law rather than its text, I say so.

What should you do at the door before you sign or pay?

Check the package before you accept it, because what you do at the door is the cheapest evidence you will ever collect. Look at the seal and tape, at whether the box has been re-taped or the label changed, and at whether the weight feels right. Photograph all sides of the parcel with the shipping label legible and the date and time visible. Then ask the delivery agent to let you open it in front of them.

You are entitled to ask. Section 41(2) of the Sale of Goods Act, 1930 says that, unless otherwise agreed, when the seller tenders delivery of goods the seller is “bound, on request, to afford the buyer a reasonable opportunity of examining the goods” to see whether they conform to the contract. I could not confirm that a courier is bound by that provision when it delivers for a seller, and agents often act on the seller’s instructions not to allow it, so treat this as a request you are entitled to make, not a guarantee. Film yourself asking and film the answer; a refusal is useful evidence too.

If the parcel is visibly damaged or tampered with, you can decline it. Section 43 says that where goods are delivered and you refuse to accept them, having the right to do so, you are not bound to return them; it is sufficient to intimate to the seller that you refuse. So refuse, ask the agent to record the reason in their app or on the slip, and message the seller within the hour. Do not sign for a damaged parcel without writing “damaged” or “opened” next to your signature.

How should you record an unboxing video that counts?

Record one continuous video from sealed parcel to empty box, with no cuts and no pauses, because breaks give a seller room to say the video proves nothing. Start with the sealed parcel and the label in frame, say the order number and the date aloud, show the seal being cut, take each item out, and finish by showing the empty box, inside and out. If the parcel seems light or empty, weigh it on a kitchen scale before opening and compare with any weight printed on the label or invoice. Keep the original file, the box, the label, the packing material and every item.

A video is an electronic record. In court or before a consumer commission it is admissible with the certificate required by section 63 of the Bharatiya Sakshya Adhiniyam, 2023, which replaced section 65B of the Evidence Act; the guide to the section 63 certificate explains who signs it. Most consumer complaints settle long before that stage, but keeping the unedited file and the device it was recorded on costs nothing.

Some seller policies ask for an unboxing video as a condition of a claim. That is the seller’s own requirement. The E-Commerce Rules, 2020 do not mention unboxing videos (I checked the gazette text), and a missing video does not by itself destroy your claim; it just removes your best proof. Without one, rely on the sealed-box photos, the weight, the label, the courier’s delivery record and your same-day complaint. The guide to no-refund policies explains why a policy cannot simply override your statutory rights.

Who is liable: the seller, the courier or the marketplace?

You claim against the seller. The courier’s liability is to the person who booked the carriage, and the platform’s duties are mostly about information and complaint handling. The table sets out who owes what.

The reason the seller is your target is mostly practical, and partly my reading of the law. Section 39(1) of the Sale of Goods Act says that delivery of goods to a carrier for transmission to the buyer is prima facie deemed delivery to the buyer, which a seller may cite to say that transit loss is yours. But the word is prima facie, section 39(2) requires the seller to make a reasonable contract with the carrier on the buyer’s behalf and lets the buyer decline to treat delivery to the carrier as delivery to himself if it did not, and an online seller that promises delivery to your door and chooses the courier has made the delivery its own obligation. I have not found a decision that settles this point for online sales, so state your claim as non-delivery or delivery of non-conforming goods, and cite the Rules. The practical path is the same either way: the seller can claim against its courier, and you should not be asked to.

What if the box is empty, or the item is the wrong one?

An empty box is non-delivery, and a wrong item is delivery of goods that do not match the contract; either way you are owed a refund or a correct item. For a wrong or different product, section 15 of the Sale of Goods Act implies a condition that goods sold by description correspond with the description. Rule 6(3) and Rule 7(4) name goods “not of the characteristics or features as advertised or as agreed to” as a ground for refusing to take back or refund, and section 2(10) of the Consumer Protection Act defines a defect by reference to what the trader claims. A lookalike or a lower specification than the listing is a wrong item for this purpose.

If the seller says the courier’s system shows “delivered”, that is evidence that a parcel was handed over, not what it contained. Your unbroken video of a sealed box with an intact label and nothing inside is the answer to it, supported by the weight. Ask the seller for its dispatch-time evidence: the packed weight, the courier’s recorded weight and any packing photo or video. A mismatch between the courier’s recorded weight and the actual weight is a strong pointer to where things went wrong. If a seller refuses to engage, that refusal is the fact you will cite.

Do not use the goods, wash or alter them, or remove tags. Section 42 of the Sale of Goods Act says you are deemed to have accepted goods if you do an act inconsistent with the seller’s ownership, or if, after a reasonable time, you retain them without telling the seller you reject them. So tell the seller promptly, in writing, that you reject the goods, and keep them unused.

What should you write to the seller, and what is the step-by-step complaint order?

Write the same day, name the order, state the fact, attach the video and photos, and state the remedy and a deadline. Then escalate on a schedule. A usable message reads: order number; delivered on this date; parcel arrived [sealed and empty / with a different item / damaged]; video and photos attached; I reject the goods and request a refund of ₹[amount] to the original payment method (or a replacement) within seven days.

1. Same day: message through the order page or app, and email the grievance officer named on the site. Ask for a ticket number.
2. If there is no reply in 48 hours: the grievance officer should already have acknowledged under Rule 4(5). Write again, quoting the Rule.
3. Within about a week: if you paid by card, ask your issuer to dispute the charge; if you paid by UPI to a merchant, raise a complaint in the app. Do not wait for the month-long redress period if your evidence is good. The comparison of chargeback, UPI dispute and consumer court explains which to choose.
4. After a month, or earlier if refused: the National Consumer Helpline (1915, WhatsApp 8800001915, consumerhelpline.gov.in), then a legal notice if you want one, and a consumer complaint on e-Jagriti (the portal that, according to the Department of Consumer Affairs, unified e-Daakhil and other case systems on 1 January 2025). There is no fee for claims up to ₹5 lakh, a District Commission hears claims up to ₹50 lakh, and the limit is two years from the cause of action (section 69); you can file where you live or work (section 34(2)(d)). See the filing guide, which still uses the older portal name, and the time limit guide.
5. If you suspect deliberate fraud (a store that sends empty boxes, a fake tracking trail, a seller who vanishes): report to the police through cybercrime.gov.in and 1930. The dropshipping scam signs guide covers the pattern.

A seller may offer store credit instead of a refund. You do not have to accept it where you are entitled to a refund, and you can say so in writing. The guides to defective products and counterfeit goods explain what a commission can order if the case goes that far.

What if you paid cash on delivery and then found the box empty?

Your claim is the same, but you have no payment to reverse, so your complaint to the seller has to carry more weight. Ask the seller for a refund to your bank account or UPI ID, and give only those details: RBI’s press release of 28 January 2022 says receiving money never requires entering an MPIN or scanning a QR code, so anyone asking you to approve a request to “get the refund” is trying to take money. The guide to cash on delivery versus prepaid sets out the refund mechanics, and the guide to checking a social-media seller shows how to reduce the risk before paying.

What if the courier or the seller blames you?

Hold to the facts that you can show: the label, the seal, the weight and the video. If the seller says you must pay for the return, check what the store stated beforehand; Rules 6(5)(g) and 7(1)(a) require terms about the cost of return shipping to be shown in a clear and accessible manner. If the seller alleges you swapped the item, your continuous video and your same-day complaint are the answer. If the courier says there is nothing it can do, that is not your problem: your contract is with the seller.

Frequently asked questions

What should I do if my parcel is empty?

Photograph the parcel and label, keep the empty box and packaging, message the seller the same day with your unboxing video, ask for a refund or a replacement within a stated date, and email the grievance officer for a ticket number. Escalate to your card issuer or UPI app and the National Consumer Helpline if the seller does not act.

Is an unboxing video mandatory to claim a refund?

No law requires one; the E-Commerce Rules do not mention unboxing videos. A seller’s own policy may ask for one, and a continuous video is the best proof you can have, but without it you can rely on photos of the sealed box, the weight, the label and your prompt complaint.

Can I refuse a parcel that looks damaged?

Yes. If you have the right to refuse goods, section 43 of the Sale of Goods Act says you need not return them; it is enough to tell the seller you refuse. Photograph the damage, have the agent note the reason, and write to the seller at once.

Is the seller or the courier responsible if my parcel is lost or damaged?

You claim from the seller, who sold you the goods and can claim against its own courier. The courier’s liability runs to the person who booked it and is limited under the Carriage by Road Act, 2007; section 10(1) caps the amount and section 16 requires a written notice of claim within 180 days of booking.

Can I get a refund if I opened the parcel without recording it?

Yes, though your proof is weaker. Photograph the box and contents now, keep the packaging and label, and report the same day. The seller’s duty to refund goods that are defective, not as advertised or wrong does not depend on a video, but a prompt written complaint and consistent evidence matter.

How long do I have to complain about a wrong or damaged item?

Tell the seller at once, because section 42 of the Sale of Goods Act can treat you as having accepted goods you keep for a reasonable time without rejecting them. The seller’s own return window may be short. A formal consumer complaint must be filed within two years of the cause of action.