Legal help needed from experts regarding online frauds

sharons (Querist) 24 December 2014 This query is : Resolved
Respected people
I have been Ordered a Samsung Tab 3 for an Offer Price of Rupees:13247.6o through Amazone india From a seller Named Majestic shoppe.I have all the order related details in printed format .I paid the Amount Via Debit card In advance .It was Ordered on 15Th december they agreed to deliver the Product on 29 December . Yesterday they cancelled my order with out my knowledge .And send an appology letter regarding that the price they was a mistake from their part so the will initiate a refund .I have all the Evidence regarding the entire Dealing .Now i would like to go For a Redressel for my Order and Mental Agony that i have Faced .I think this was a unfair trade practice Include Misrepresentation or fraud To attract customers towards the store .iam requesting helps from peoples who are Expertise in Legal problems for their valuable tips to strengthen my case.

Dear people i don't have an intention for making money through this .My intention is to prove "who is a consumer " Thanks regards

Sharon soman

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ajay sethi (Expert) 24 December 2014
you have been given full refund for bonafide mistake committed by amazaon.com . no fraud has been committed and refund given within period of 10 days .

sharons (Querist) 24 December 2014
Ok Mr Ajay But its a case of breech of Contract am i right? And they Agreed to gave for that price .

sharons (Querist) 24 December 2014
Refund is not a prime Factor here its an unfair trade practice and Misrepresentation is it a fair practice .

Advocate Bhartesh goyal (Expert) 24 December 2014
Yes,it is not a fraud,simply a bonafide mistake but due to such mistake you got mental agony for that you can knock the doors of consumer forum.

prabhakar singh (Expert) 24 December 2014
It is not unfair trade practice.

The only thing they are stating that they were laboring under mistake of fact as to price.

BUT IT IS THEIR EXPARTY MISTAKE.ONLY THEY QUOTED THE PRICE.YOU JUST ACCEPTED IT AND PAID IN ADVANCE.
SO CONTRACT BECAME COMPLETE AND THEY ARE AT BREACH OF IT.
SECTION 22 OF INDIAN CONTRACT ACT IS RELEVANT WHICH LAYS THAT'' A CONTRACT IS NOT VOIDABLE MERELY BECAUSE IT WAS CAUSED BY ONE OF THE PARTIES TO IT BEING UNDER MISTAKE AS TO A MATTER OF FACT'' AND THAT BEING PRICE HERE IN YOUR CASE.

SO IN MY OPINION YOU HAVE CAUSE OF ACTION TO SUE THEM FOR THE BREACH EITHER IN FORUM
OR IN CIVIL COURT.

Rajendra K Goyal (Expert) 24 December 2014
Move to consumer forum for the cancellation of order by them.

Devajyoti Barman (Expert) 25 December 2014
This is a fit case where you can file case in consumer forum for damages and penalty along with refund .

Shailesh Kr. Shah (Expert) 25 December 2014
yes, this a breach of contract. move to the consumer forum.

sharons (Querist) 25 December 2014
Thanks Respected Advocate peopl Bhartesh goyal Rajendra K Goyal,Shailesh Kr. Shah ,Devajyoti Barman your advice prabhakar singh sir for you detailed Explanation
Thanks for your Valuable openion

prabhakar singh (Expert) 25 December 2014
Most welcome you are!

T. Kalaiselvan, Advocate (Expert) 27 December 2014
This is a fit case for a proper redressal by a consumer forum, better file one so that let them run behind you and the court as a result of their fraudulent sales activity.