Consumer Case

CHEATED BY ONLINE SELLER

I saw an advertisement on olx about sale of designer clothes. I ordered 2 dresses worth total of Rs. 10,000. When I received the parcel, the dresses were very different in material, design and quality. The material of the dress was very cheap and thin. While buying, the dresses I was shown a good quality material. I had saved the pictures of my order. When I called the number given on the courier package and spoke with Asif Ali (seller from Delhi). He told me that he had sold many of such dresses and have not received complaint from any other customer. Also that the dresses are of good quality. I called olx, but they told me that they cannot help. I have lost my money as neither can I return the dresses nor could I get a refund. I had made an online transfer and I have the record. I had also recorded my call with Asif Ali. Can I file a case in the consumer court with this much evidence? Please advise me.

Expert Advice


In order to file a consumer case, you need to be able to show that (a) you are a consumer, (b) the goods that you purchased were defective (not as per your order, (c) you have sent a legal notice to the vendor and (d) your case is filed within time. The fact whether the evidence is sufficient is for the court to decide based on all the facts available to it. From the description provided, there seem to be a good cause for filing a case in my opinion.

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Adv. Manish Acharya

Partner
LawLeo.com
Andheri , Mumbai


Hi. Sorry to hear about your sour experience. You can approach the local police station first as this generally helps settle such small matters. You also have the option of approaching the consumer forum having jurisdiction over your matter and filing a complaint. This is a fairly straightforward process and you can manage the same without engaging the services of a lawyer. Make sure you have printed records of everything - specially the pictures and description of the dresses that were posted online in the advertisement, based on which you placed your order. Good luck!

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Hello. You can file a consumer complaint however the first step is to send the seller a notice and see if he is willing to settle the matter amicably. You can approach the district forum and file a case there within 2 years of the incident. Please ensure that all the information and evidence in you possession is put together in a cohesive manner and included in the complaint, to strengthen your case.

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DISCLAIMER: The guidance provided above by the lawyers is based solely on the limited information made available to them by the respective querist. These answers are general guidelines and not specific legal advice or legal opinion. All answers are made in individual capacity and do not reflect the opinions of any employer or organisation. Kindly refer to MyLegalWork's Terms & Conditions of use.

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