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Online shopping scam- fake or wrong product delivered. Your Legal Rights


online scam

Now, what happens when you order a product and the e-commerce company delivers a different/wrong product and refuses to return or reimburse you the money?

It happens especially with electronic goods

Be alert to the fact that scams exist. When dealing with uninvited contacts from people or businesses, whether it's over the phone, by mail, email, in person, or on a social networking site, always consider the possibility that the approach may be a scam. Remember, if it looks too good to be true, it probably is.

In one of the cases I phone was ordered and the phone delivered was different. The applicant complaint number of times to customer care and was all in vain. In such a case the first thing one should do is to send a legal notice in many of the cases the company after receiving the legal notice reimburse you the money I have attached a copy of the legal notice sent and the fund was reimbursed and if in remote case if the company did not reimburse you the money the next step is complaining to consumer court.

The district consumer dispute redressal commission Dated 29 Oct 2015, Narendra Kaajla v. Manager Flipkart, on the complaint the Flipkart was slapped with a fine of Rs 1 lakh for delivering a wrong product to the consumer and not replacing it with the right one despite several appeals. 

The number of fraud cases in the e-commerce sector has increased by a whopping 475 percent between August 2016 and November 2019, according to the government data. E-commerce in India is dominated by Walmart-owned   Flipkart and Amazon, and Snapdeal primarily. From 977 cases reported during the seven-month period of FY17 to 2,441 during FY18 and 4,955 in FY19,. The cases were registered under the e-commerce platform of the National Consumer Helpline.

The Consumer Protection Act, 1986 covers all goods and services and all modes of transactions including e-commerce. Under the provision of the said Act, a three-tier quasi-judicial mechanism, called Consumer Fora, where a consumer can file a complaint against any unfair trade practices including those on e-commerce is provided.

Due to the “cross-cutting nature of e-commerce, different laws and regulations across sectors govern the present e-commerce activities,” the ministry said in another statement. The plethora of laws includes the Income Tax Act, 1961, Information Technology Act, 2000, Foreign Exchange Management Act, 2000, Payment and Settlement Systems Act 2007, Companies Act, 2013, and laws related to Goods and Services Tax apart from the Consumer Protection Act, 1986.

Understand the difference between a domain name and URL. For https://www.blogger.com/ is a URL whereas ‘blogger.org’ the domain name. Frauds occur when people do not understand the difference. in a similar way, https://advbishwajain.blogspot.com/  is my blog address not of blogger.com.

in one case the product flashed on the website was  Syska Bluetooth Speaker with a great discount, when delivered the product there was no name of syska on Bluetooth speaker when contacted it was argued by E-commerce that how can you say it’s not Syska Bluetooth speaker?  When nothing is printed on Bluetooth speaker and refused to refund the money. A legal notice was sent and within a day they reimbursed the money. Even internet giant Alibaba was sued for Fake products. The renowned Amazon was also found selling fake Lakme Kazal and agreed to reimburse the money to its consumers in the year 2017. 

Legal notice 






Disclaimer:  The material and view is prepared by Adv Bishwa Kumar Jain and is the result of personal knowledge and have no legal value. The information and views are not intended to create, a legal relationship or advertisement. The reader should not rely or act upon this information without seeking professional counsel or a legal advisor or an Advocate. The author shall not be responsible for any loss in any way what so ever and in any manner.

Bishwa Kumar Jain # B com (h). L.L.B. DIP Cyber Law. Member International Arbitration U.K. Practice Advocate Supreme Court and High Court of Delhi.

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