IndiaCan I file a case for online shopping fraud in Small Causes Court in India?
Yes, you can file an online shopping fraud case in Small Causes Court in India if the claim value is within ₹20 lakh and the cause of action arises in that court's territorial jurisdiction.
What the Law Says
Small Causes Courts in India are special civil courts established under the Provincial Small Cause Courts Act, 1887, and governed by state-specific amendments and the Code of Civil Procedure, 1908. They handle summary suits for recovery of money or property up to prescribed monetary limits.
Online shopping fraud — such as non-delivery, counterfeit goods, or unauthorized charges — constitutes a civil wrong (breach of contract or deceit) and may be pursued as a money recovery suit in Small Causes Court, provided it falls within its pecuniary and territorial jurisdiction.
Section 15 of the Code of Civil Procedure, 1908 mandates that suits must be filed where the defendant resides or where the cause of action wholly or partly arises — e.g., where payment was made or delivery was expected.
However, if the fraud involves criminal intent (e.g., cheating under IPC Section 420), parallel FIR registration with police is advisable; Small Causes Courts do not adjudicate criminal liability.
Statutory TextEvery suit shall be instituted in the court of the lowest grade competent to try it.
— Code of Civil Procedure, 1908, Section 15
Statutory TextA Small Cause Court shall have jurisdiction to try all suits of a civil nature where the value of the subject-matter does not exceed such amount as may be specified by the State Government.
— Provincial Small Cause Courts Act, 1887, Section 3(1)
What to Do
Verify that your claim value (e.g., refund + damages) is ≤ ₹20 lakh — check your State’s latest notification (e.g., Maharashtra Amendment, 2023 fixes ₹20 lakh limit).
Gather evidence: screenshots of order, payment receipts, chat logs, courier tracking, and emails showing seller’s misrepresentation or failure to deliver.
Identify the correct Small Causes Court — usually where you reside *or* where the online seller has a registered office/branch (per CPC Section 20).
Draft a plaint using Form No. 1 (Order VII CPC); include facts, relief sought (refund + interest), and verification clause.
File the plaint with court fee (typically 1–2% of claimed amount, capped per State rules), serve notice via court, and attend hearings promptly.
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-11.