If you are stuck in such a situation, here is what to do.

I am a college student from a town near Nagpur, and I’m currently facing an extremely frustrating situation with an e-commerce giant, DigitalBazaar. I ordered an Aura gaming laptop through their platform, opting for an exchange offer where I traded in my old, perfectly functional laptop that I used for all my academic work. The new device arrived in what appeared to be a factory-sealed box, giving me no reason to suspect any issues.

However, my relief was short-lived. Upon checking the laptop’s BIOS, I discovered that the serial number within the system did not match the one printed on the laptop’s body or its packaging. This discrepancy is a clear indicator that the laptop had been tampered with or was a refurbished unit sold to me under the guise of being brand new.

The delivery experience was problematic from the start. The delivery executive initially refused to deliver to my address in the outskirts of Aligarh, telling me to collect it from a warehouse. After I pointed out this was against their policy, he became unresponsive and blocked my number. Eager to get my new laptop for my coursework, I had to locate the warehouse and pick it up myself. They performed an “open box delivery,” but since everything was sealed, I didn’t suspect a thing.

Once I got home and discovered the issue, I immediately filed a return request. DigitalBazaar, after some delay, accepted the return but refused to provide a replacement, offering only a refund. This is where the nightmare truly began:

• The exchange value of my old laptop, ₹15,000, was credited to my DigitalBazaar wallet, but this credit has since vanished without a trace.
• The remaining ₹55,000 I paid using my Meridian Bank account has not been refunded.
• DigitalBazaar claims the refund was processed successfully.
• Meridian Bank states the transaction failed and the reference number provided by DigitalBazaar is invalid.

For weeks, I have been caught in a loop between the two companies, with neither taking responsibility. As a result, I am left without any laptop, I’ve lost my old device, my money is stuck, and my studies are severely impacted. The mental toll of dealing with unhelpful support teams has been immense. I have since filed a complaint with the Consumer Commission under Section 35 of the Consumer Protection Act, 2019, but I am seeking further guidance on how to navigate this.

Advice in such cases

Being a victim of such a scam can be distressing. The seller, in this case, DigitalBazaar, has engaged in deceptive practices by misrepresenting a used or refurbished product as new. The subsequent failure to process a refund and the disappearance of wallet credits further compound the issue, pointing towards gross deficiency in service and unfair trade practices.

Applicable Sections of Law

This situation involves laws that protect consumers and penalize fraudulent activities:

• The Consumer Protection Act, 2019: This is the primary legislation for such disputes. Key concepts include “deficiency in service,” “unfair trade practice,” and “defective goods.” Filing a complaint under Section 35 before the appropriate District Consumer Disputes Redressal Commission is the correct first step.
• The Bharatiya Nyaya Sanhita, 2023 (BNS): The actions of the e-commerce platform could potentially attract criminal charges. Section 318 of the BNS, which deals with cheating, could be applicable. If the company dishonestly induced you to deliver your money and old laptop by deceiving you, it constitutes an offence.
• The Information Technology Act, 2000: Since the entire transaction occurred online, provisions of this act related to electronic records and online contracts are relevant.

If you are the complainant

If you represent the company being accused (the complainant in a legal sense against a potential criminal complaint by the victim), it is crucial to act swiftly and ethically to mitigate legal and reputational damage. Your primary goal should be to resolve the customer’s grievance. This involves investigating the matter internally, coordinating with your banking and logistics partners, and ensuring the customer receives a prompt and full refund. Ignoring the issue or providing invalid information will only strengthen the consumer’s case against you in court and can lead to penalties and compensation orders.

If you are the victim

As the person who has been wronged, you need to take systematic steps to build your case:

• Gather All Evidence: Compile every piece of documentation you have. This includes the product listing page (screenshot), order confirmation email, payment receipts, bank statements, photos and videos of the unboxing, photos showing the mismatched serial numbers, and all communication records (emails, chat logs, call recordings) with DigitalBazaar and Meridian Bank.
• Send a Legal Notice: Before or alongside a consumer complaint, having a lawyer send a formal legal notice to the e-commerce company’s registered office can often expedite a resolution. It shows you are serious about pursuing legal action.
• Pursue Your Consumer Complaint: Since you have already filed a complaint, ensure you attend all hearings and present your evidence clearly. The Consumer Commission is designed to provide speedy justice and can order a refund, compensation for mental harassment, and litigation costs.
• Consider a Criminal Complaint: If you believe there was a deliberate intent to defraud, you can file a criminal complaint with the police or directly with a Magistrate’s court, alleging cheating under Section 318 of the BNS.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A Good lawyer can get the issues resolve in 7-10 days.

How the police behave in such cases

Police may initially view such cases as civil disputes and direct you to the Consumer Commission. This is common because the primary issue appears to be a breach of a sales contract rather than a criminal act. However, if you can present clear evidence suggesting a pre-meditated scam or fraud (like systematic selling of refurbished goods as new), they are more likely to register an FIR under relevant sections of the BNS. It is important to be persistent and provide a well-documented written complaint.

FAQs people normally have

What evidence is required?

The stronger your evidence, the better your chances. Crucial evidence includes:

• The invoice and order details.
• Proof of payment (bank or card statement).
• Photographs or video evidence of the product’s condition upon arrival, especially the mismatched serial numbers.
• All written communication with the seller and the bank, including emails and chat transcripts.
• A log of phone calls made, with dates, times, and a summary of the conversation.
• The legal notice sent by your lawyer, if any.

How long will the investigation take?

The timeline can vary. The Consumer Protection Act, 2019 mandates that consumer commissions should ideally decide cases within three to five months. However, due to case backlogs, it can sometimes take longer. A police investigation also has no fixed timeline and depends on the complexity of the case and the cooperation of the parties involved. A well-argued case with strong evidence, often pushed by a competent lawyer, tends to move faster.

Advocate Sudhir Rao, Supreme Court of India