You paid via UPI and the dealer has not shipped after 15 days — what is the legal threshold for action?
There is no single statutory deadline of '15 days' for delivery in numismatic transactions. The legal threshold is the agreed delivery time (if specified) plus a reasonable buffer. If no delivery time was agreed, the law implies a 'reasonable time' based on the mode of shipping. For domestic Speed Post, 7-10 days is reasonable. At 15 days with no delivery and no tracking movement, the buyer is entitled to treat the contract as breached and demand refund. At 30 days, the consumer forum complaint is clearly justified.
The contractual framework — agreed time vs reasonable time
If the WhatsApp conversation specified a delivery timeline — 'I will ship within 3 days, you should receive in a week' — that is the contractual deadline. Failure to ship or deliver by that deadline is a breach. No further waiting period is required. The buyer can demand a refund immediately on breach of the agreed timeline.
If no delivery time was agreed — the most common situation in informal numismatic transactions — Indian contract law implies that performance will occur within a reasonable time. What is 'reasonable' depends on the shipping method, the distance, and the nature of the goods. For a domestic Speed Post parcel, the implied reasonable delivery time is approximately 5-10 business days from shipping. If 15 days have passed with no tracking movement or delivery confirmation, reasonable time has clearly elapsed.
The 15-day action protocol
Day 15 with no delivery: send a formal written demand (WhatsApp message is sufficient) to the seller: 'I have not received the item ordered on [date] and paid for on [date]. Please provide tracking information or arrange immediate refund within 3 days.' Screenshot this message with the timestamp. This is the demand notice that establishes you have given the seller an opportunity to cure the breach before escalating.
Day 18-20 (no response or unsatisfactory response): file the consumer forum complaint. The 15-day demand period was reasonable notice. The forum complaint can include the sequence: order placed, payment made, 15 days elapsed with no shipping, formal demand sent, dealer unresponsive. This sequence is a complete prima facie case of deficiency.
The non-delivery timeline — when to take each action Day 0: Payment made via UPI Day 3-5: No tracking information shared by dealer — first WhatsApp enquiry Day 7-10: Reasonable domestic delivery window — no concern if still in transit Day 15: No delivery confirmed — send formal written demand with 3-day response deadline Day 18-20: No satisfactory response — file consumer forum complaint Day 30: Absolute point — consumer forum complaint is clearly justified; FIR if fraud suspected |
Laws & authorities referenced in this chapter
Indian Contract Act 1872 — §46 (time for performance — reasonable time implied if not agreed)
Consumer Protection Act 2019 — §2(11) (deficiency includes failure to deliver within agreed/reasonable time)
No statutory 15-day delivery deadline. Agreed time = contractual deadline. No agreed time = 'reasonable time' implied (7-10 days for domestic Speed Post). At 15 days with no delivery: send formal written demand (WhatsApp) with 3-day response deadline. At 18-20 days with no response: file consumer forum complaint. At 30 days: clearly justified for both consumer complaint and FIR if fraud suspected. Timeline messages with screenshots = documented escalation trail.
This is educational content, not legal advice. For a specific situation, please consult a qualified legal professional. Excerpted from Currency, Coins & The Law by Mayank Agarwal, Part 15: Dealer Disputes — Fake Items, Escalation, Identity & the Full Remedies Framework.