Fraud by seller by displaying misleading product

3 years ago

I had placed on their website for Apple airpod 2 with wireless charging case, but they tried to cheat me and this is a clear case of fraud. I had made the payment and agreed to the deal offered by them on their website for the product by making a payment of Rs. 14499 for the product. Before making the purchase I spoke to their online assistant just to clear my doubts that they will be sending exactly the product that was described on their website i.e. apple airpod 2 with wireless charging case. The description as well as the image for this product posted by them was misleading and they deliberately sent me a different model than the one I had placed the order for. Fortunately, just before accepting the product I noticed this and denied accepting the product though the delivery guy motivated me to open the package and check inside which had been wrong if I had done so. I also informed the delivery guy about the reason why I am not accepting. I also requested him to connect me to your manager but the delivery guy said he doesn't have his number and the delivery guy's phone was switched off due to low battery according to him so he couldn't pull out the number either from his phone. I had dropped multiple emails and calls to them and even escalated multiple times and told them I won't accept anything less than the product I have ordered and being a seller they can not backout telling me it was wrong price uploaded by them. Once product is offered by the seller and accepted by the buyer and payment is made it is considered as an legal agreement between the two parties and hence there is no way for the seller to back out from the deal and moreover try to cheat the customer. I did speak to their escalation department as well. On that call I asked them to either pay the refund + differential amount from the actual product so that I can buy the product from some other seller. After a lot of to and fro of email communication and fighting they forcefully transferred 14499 (which was my payment to them) without me accepting the negotiation. Later on raising this they didn't agree to pay differential of 4k as compensation and asked for my account details as well in email as well as on call but as soon as I shared my bank details the very next day they again backed out and now they are not transferring me the 4k amount and telling me they can not transfer the amount. I need help in this as want to know if there is any legal step that I can take against them for doing fraud and then wasting my time & energy and harassing me in order to safeguard my interest as a customer/consumer.