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

Mr. Alok Sharma, a resident of Jaipur, recently decided to purchase a new ‘Zenith Pro Tablet’ from a popular e-commerce platform, ‘ShopKart India’. When the package arrived, he immediately noticed that the outer packaging was tampered with and damaged. Upon opening it, the tablet itself showed signs of prior use. His suspicions grew when he was unable to register the device under his name on the official Zenith portal.

To confirm the issue, Mr. Sharma visited an authorized Zenith Service Center. The technicians there ran a diagnostic and confirmed his fears: the tablet had been activated and registered to someone else several months before Mr. Sharma had even placed his order. This was conclusive proof that he had been sold a used product masquerading as new.

He promptly contacted ShopKart India’s customer support to report the issue. After numerous calls and emails, a company representative finally admitted that an “incorrect product” had been delivered. However, despite this admission, the company flatly refused to process a return or offer a replacement. Their final communication stated that the case was closed and they would not be providing any further assistance, leaving Mr. Sharma with a used product and no recourse. He has since filed a formal grievance on the national consumer portal but remains uncertain about the most effective legal path forward.

Advice in such cases

When you receive a product that is not as described, especially a used item sold as new, it constitutes a clear breach of contract and an unfair trade practice. Here is some immediate advice:

• Preserve All Evidence: Do not discard the original packaging, no matter how damaged. Take clear photos and videos of the box, the product’s condition upon arrival, and any serial numbers. Keep the invoice, payment confirmation, and all communication records (emails, chat transcripts, call logs) with the seller.
• Get Official Confirmation: As Mr. Sharma did, getting a written report or email from the manufacturer’s authorized service center confirming the product’s used status is a powerful piece of evidence.
• Send a Formal Complaint: Continue to communicate with the e-commerce platform through official channels like email to create a paper trail of their refusal to resolve the issue.
• 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 resolved much faster than you think.

Applicable Sections of Law

This situation is primarily governed by the Consumer Protection Act, 2019. The key concepts applicable here are:

• Deficiency in Service [Section 2(11)]: The seller’s failure to provide a new product as promised and their refusal to offer a remedy is a clear “deficiency” in service.
• Unfair Trade Practice [Section 2(47)]: Knowingly selling an old or used product as new is a classic example of an unfair trade practice, which is strictly prohibited under the Act.
• Product Liability [Section 2(34)]: The seller is liable for providing a product that has a defect or does not conform to the express warranty.
• Cheating [Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS)]: While the primary remedy is civil, deliberately deceiving a customer for financial gain can also be construed as the criminal offense of cheating. However, the consumer court is the most direct and effective forum for such grievances.

If you are the complainant

As the person who has been wronged, you are the complainant. Your goal is to get a replacement, a full refund, and compensation for the harassment and mental agony caused. Here are the steps:

• Organize Your Documents: Compile all your evidence: the purchase invoice, delivery confirmation, photos/videos of the product and packaging, the report from the service center, and all correspondence with the seller.
• Send a Legal Notice: Through a lawyer, send a formal legal notice to the e-commerce platform’s registered office. The notice should detail the entire incident, state the deficiency in service, and demand a specific resolution (e.g., a new replacement product or a full refund plus compensation) within a stipulated period, usually 15 or 30 days.
• File a Consumer Complaint: If the company fails to comply with the legal notice, your next step is to file a formal complaint before the appropriate District Consumer Disputes Redressal Commission. The complaint can be filed online through the e-Daakhil portal or physically.
• 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 resolved much faster than you think.

If you are the victim

Being a victim of such a practice can be frustrating. It’s important to know your rights and act decisively.

• You have a Right to a Fair Resolution: Under the Consumer Protection Act, you are entitled to receive the exact product you paid for, in the condition it was advertised (i.e., new).
• You have a Right to be Heard: The seller cannot unilaterally close your case. Consumer forums are established specifically to hear such grievances and hold companies accountable.
• You can Seek Compensation: Apart from a refund or replacement, you can claim compensation for the mental distress, harassment, and any costs you incurred in pursuing the matter (like visiting the service center or legal fees).
• 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 resolved much faster than you think.

How the police behave in such cases

In most cases, the police will view this as a civil dispute rather than a criminal one. If you approach a police station, they are likely to advise you to file a complaint with the Consumer Commission, as that is the specialized forum for such matters. While a First Information Report (FIR) can be registered for cheating under Section 318 of the BNS, it is often difficult to prove criminal intent (mens rea) on the part of a large corporation in an isolated incident. Police involvement is more likely in cases of large-scale, organized fraud affecting many customers. For an individual consumer, the consumer court route is faster and more result-oriented.

FAQs people normally have

What evidence is required?

Strong evidence is crucial for a successful claim. You must have:

• The original invoice or bill for the product.
• Proof of payment (bank statement, credit card statement).
• Clear, dated photographs and videos of the unboxing process, showing the damaged packaging and the used condition of the product.
• A copy of the product listing page showing it was advertised as “new”.
• All emails, chat transcripts, and records of calls with the customer service of the e-commerce company.
• A formal letter, email, or report from the manufacturer’s authorized service center confirming the product was pre-activated or used.

How long will the investigation take?

The timeline can vary. After you send a legal notice, the company typically has 15-30 days to respond. If they do not provide a satisfactory resolution, you can file a case in the Consumer Commission. The Consumer Protection Act, 2019, mandates a speedy trial, aiming to resolve cases within 3 to 5 months if no complex analysis is required. However, in practice, the process can take anywhere from 6 months to over a year, depending on the commission’s workload and the tactics used by the opposing party.

Advocate Sudhir Rao, Supreme Court of India