The dealer claims the item was shipped and lost in transit — how do you prove it was never sent?
The burden of proving that the item was shipped lies with the dealer — not with the buyer to prove it was never shipped. If a dealer claims an item was shipped, they must produce: the booking receipt showing the tracking number, the postal service, and the date of booking. If the dealer cannot produce a booking receipt, the item was never shipped. The consumer forum places this evidential burden correctly on the dealer who makes the claim of shipment.
The burden is on the dealer to prove shipment
Indian contract and consumer protection law places the burden of proving performance on the party claiming to have performed. If a dealer claims 'I shipped the item,' they must demonstrate this. The evidence of shipping is the booking receipt — a document issued by India Post or the courier at the time of booking, showing the tracking number, the despatch date, the sender's name, and the recipient's address.
A consumer forum faced with a dealer claiming 'I shipped but it was lost in transit' will ask: produce the booking receipt. If the dealer cannot produce a booking receipt — or produces a receipt that does not match the claimed shipment date, address, or tracking number — the forum will draw a strong adverse inference that no shipment was made.
Tracking records — what they show and what they prove
India Post's tracking system and private courier tracking systems create records of every scan event — origin acceptance, transit sorting, delivery post office arrival, out for delivery, and delivery confirmation. A parcel that was genuinely shipped will have at least the first scan event — 'booked at origin post office' — in the tracking system within 24 hours of booking.
If the dealer provides a tracking number but that tracking number shows no scanning events (never entered the postal system), or if the tracking number does not exist in India Post's system, or if the tracking number belongs to a different consignment than what was described, these are strong indicators of a fabricated tracking number — a common fraud technique where a dealer provides a fake or recycled tracking number to buy time.
How to verify a tracking number
Check the tracking number independently on India Post's website (indiapost.gov.in) or the relevant courier's tracking portal. A genuine booking will show the article entering the system. A fraudulent booking will show no events. If the dealer provides a tracking number showing an article that was delivered to a different address, or showing an article from a different date, these are evidence of fabrication — screenshot and preserve the tracking page showing what the number actually corresponds to.
Laws & authorities referenced in this chapter
Indian Contract Act 1872 — burden of proving performance lies on party claiming to have performed
Consumer Protection Act 2019 — §38(2) (forum's power to require production of documents)
India Post tracking system — independent verification of booking and delivery records
Burden of proving shipment: on the dealer, not on the buyer to prove it was never shipped. Booking receipt = primary evidence of shipment. No booking receipt = item was never shipped. Tracking number verification: check independently on India Post/courier portal. No scan events = parcel never entered the system. Fake/recycled tracking number (delivered to different address or different date) = evidence of fabrication. Screenshot tracking page immediately — it is time-sensitive evidence.
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.