Legal action against website gadget360 for delivering used phone

I purchased a cellphone through website Gadget360, delivered on 19 Jan 2018. Instead of a new phone, I was sent a used phone. Initially, when I raised the issue, they wanted all the papers, photographs and details, which was sent. Now they are asking for a letter from the local authorised service centre for the activation date, even though this information is available at the manufacturers website, and it states the phone was activated over 2 months prior to my purchase. Needless to say, the local authorised service centre has refused to give a letter saying that a fraud was committed and they do not want to be involved. What is my legal recourse?

Answers (2)

296 votes

The legal notice to all shall be issued. The reply from the opposite sides should be received. Or if not received a consumer case u/s 12 of CPA may be filed. The court proceedings shall be followed to get compensation.

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53 votes

You have to immediately issue a legal notice to the concerned Gadget360 and also to the cellphone manufacturer and file a suit for recovery of money. The IMEI numbers will help you whether the cell phone is brand new or old one. In the meanwhile you can lodge police complaint within your jurisdiction about this fraud.

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