• Cheated by a retailer

Hi,

4 months back I have done a 50000 rupees online transaction to my acquaintance for buying Sony TV. He is doing this business for around 6 years and they give around 10000 rupees less than the show room price. After a month of waiting I was informed that he could not deliver the product because he did not received the shipment from his retailer. I asked for refund and he is asking me to wait. It is been 4 months since I have done the transaction and he yet to refund. I have done the online transaction to his account and I want to know my legal options here. I have my whatsapp conversation as well. Can someone help me?

I live in Chennai. My acquaintance lives in Trichy.
Asked 4 years ago in Criminal Law
Religion: Hindu

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18 Answers

If you have paid the amount for services and good issue a legal notice to the person to either give you the said product or return money within 10 days on recipt of notice otherwise you will file a consumer complaint.

If in 10 days he donot perform the said task file an consumer complaint agaisnt the person for recovery of amount with interest and damages.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You are requested to file an FIR on grounds of cheating and fraud.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Since he is your acquaintance, you can talk to him over phone or in person directly and demand to return your amount.

If there is no response from his side then you may resort to legal action by first issuing him a legal demand notice.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1, Since you have made online transaction you have documentary proof of payments.

2 Since he is your friend you may give him further time .

3. if that does not work then you can file civil suit for recovery of money.

4. If your friend is a businessman then you can file case before the consumer forum where the order for refund of money along with interest and compensation would be quick.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

.You can file a civil suit for recovery of money in jurisdictional court but you need to pay court fee on same. Better send legal notice to him giving fifteen days time to repay the money.

If your acquaintance is running a shop file a consumer complaint seeking for damages. Here court fee will be less and speedy remedy.

You can also initiate criminal action for cheating and fraud by filing complaint with police

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) file police complaint against seller fir cheating, criminal breach of trust under section 406, 420 of IPC

2) also file complaint before consumer forum and seek refund of money paid by you with interest

3) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You should file FIR for the offence of cheating and criminal misappropriation  punishable under Indian penal court. Not necessity to send him a legal notice, you should directly approach the nearest police station for registration of FIR. The evidence of conversation through WhatsApp is relevant evidence to prove that money was paid for purchase of television. Receipt of online transaction as well as conversation on WhatsApp are sufficient evidence to prove that he has committed offence punishable under different sections of Indian penal code.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

Hello,

You will have to send a legal notice to the said person in order to claim the money that has been paid by you to him.

Also, if he does not reply to the same then a summary suit will have to be filed for the recovery of the money.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

If you have the address of the retailer,

We would issue the legal notice to the retailer by giving a week time. If he is not respond in the given time we would file the complaint in the consumer Court and definitely u will get the refund of money what u have paid and also get penalty from the retailer

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

Dear Sir,

Cheated in online shopping? Here is how you can get justice

Not futile to pursue online vendors who fail to deliver promised goods and services. Chitra Vittal from Bangalore wins out-of-court settlement from online vendor of cakes

Far too many of us have felt cheated by online vendors but have let it go because of the apparent futility of fighting for our rights. However, Chitra Vittal’s story tells us that it is indeed possible to win out-of-court settlements with online vendors with the help of consumer rights organizations like the International Consumer Rights Protection Council (ICRPC).

Chitra Vittal from Bangalore ordered a combo package including cake from Flowers n Cakes to India, an online florist and gift store that guarantees same day delivery and the “delivery of fresh products – always.”Flowers n Cakes to India failed to deliver the product on the specified day, and when they finally did deliver it the next day, the cake was “smashed up, made of cheap wine” and of a quality that was entirely unacceptable to the customer.

When Ms Vittal attempted to complain about the non-delivery of the product on the scheduled day, she found that the customer care numbers displayed on the website were not attended. She managed to find contact details of their Hyderabad-based sub-vendor, only to be told that they had only received their orders from Flowers n Cakes to India the morning after the scheduled date.

Five days later, Ms Vittal complained about the delayed delivery of a substandard product over a chat conversation with the company representative, Rahul, who, according to her was rude and paid no heed to her complaints.

Ms Vittal then approached Arun Saxena, President of ICRPC, which runs a consumer helpline. Mr Saxena sent an email to the vendor on behalf of Ms Vittal, informing them that they had conducted Unfair Trade Practices under Section 2 (1) (r) of the Consumer Protection Act. If the vendor did not refund the full amount to Ms Vittal and pay Rs50,000 as compensation for her losses, harassment and inconvenience, Mr Saxena said, severe action would be initiated against them, seeking higher compensation of Rs1 lakh with the legal costs.

What ensued was a series of emails exchanged among Mr Saxena, Ms Vittal and Flowers n Cakes to India, where the vendor attempted to seek refuge in its disclaimer against “unavoidable delays”. Ms Vittal felt that the vendors entirely ignored the accusation of no-response to complaints and were repeatedly rude to her. The emails reveal comments from the vendor to the tune of “If she doesn’t understand simple English language then it’s not our responsibility” and “she is the only one who we can call Fake”.

When Mr Saxena finally said that the matter was headed to consumer court and they would have to appear in person to justify their position, Flowers n Cakes to India beat a hasty retreat. With a sudden and radical change of tone, it sent a politely apologetic email to Ms Vittal, with the promise of a full refund on the same day.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) you can make complaint against the seller in the consumer forum regarding this transactions and not returning money or Sony TV delivery. In your local city consumer forum office.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

- Since, he is running his business , so, there is a relation of Business man and Customer.

- As you have paid the amount through online mode, it means you have have documentary proof of your payments.

- He could not deliver the product because he did not receive the shipment from his retailer , this is not your problem being a consumer and this amounts to Deficiency of Services by the Business/Supplier.

- For the deficiency of services,you can claim your paid amount and damages from him.

- Firstly, you should sent a legal notice after narrating all the facts that for purchasing a Sony TV , you have make online payment in his account as you were given a lucrative attraction of discount.But after elapsing a period of 4 to 5 months , the item not delivered to you and also not get the refund of paid amount even repeated number of times request by you.

- If,you failed to get the amount, then you should file a complaint before the Consumer Court of your jurisdiction , sure you will get the amount back including damages as prayed by you.

Chennai and Trichy is not a matter of dispute , as you have ordered him through online mode for purchasing the T.V due to attraction of good discount by your acquaintance.

Mohammed Shahzad
Advocate, Delhi
9905 Answers
121 Consultations

5.0 on 5.0

You need to file FIR in the local police station against the retailer under section 420 and 406 of IPC.

And you may file an appeal in the consumer forum for the payment, legal charges and compensation for the mental agony for Rs 5.00 lakhs.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Send him a legal notice first.

Then go to consumer forum if no reply.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

dear,

First option you have that , file a police complaint u/s. 406,420 ipc in your local area police station.

In second option please send him legal demand notice of 7 to 10 days for your money, after your demand notice ,

if he failed to return your money back,file a consumer case in consumer court of your jurisdiction.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

If he is seller then you can file Consumer Complaint against him after sending him a legal notice. Other wise you need to file civil suit for recovery of monies

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

If you have records to prove that the transaction is for commercial and the other side cheated intentionally, then, file a police complaint that the other side intentionally cheated preferably in trichy.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

You can send a legal notice to the company for release of your amount. You have to mention in the legal notice that they should be released the amonut within 1 month from the received the notice otherwise you are bound to take Legal action against them.

Bindu Gogoi
Advocate, Guwahati
75 Answers
2 Consultations

4.8 on 5.0

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