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Anmol Rastog   24 May 2021

Online cheated by the company

I have purchased a cosmetic product from a company online for ₹1020/-
but when i got the product, it is free sample (not for retail sale) written on the product also there is no MRP written on the product. now what can i do, what are the legal actions i can take against the company.



 5 Replies

Sankaranarayanan (Advocate)     25 May 2021

you have Invoice for your purchases ?  then You can issue a legal notice subsequently file a case against the seller in appropriate forum or court for which better to consult legal lawyer

sneha jaiswal   25 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
First, try to return your product by specifying the reason also ask for a refund. If in case, company denies to refund or return then opt for legal action. For that, first you need to send a legal notice with your grievances and mention that if no step is taken in the specified time, to solve your issue than legal action will be taken against them. Also, keep the acknowledgement receipt of the legal notice which you will get from the post or dispatch after the conveyance such notice.
Hope it helps
Sneha Jaiswal

Law Student 

G.L.N. Prasad (Retired employee.)     25 May 2021

Generally we distinguish good money and bad money while proceeding for recovery.

You have lost Rs.1,020/- good money for a product.  Your complaint is not on the quality of that product but according to you, it was a sample.  Whether it was a sample or product for regular sale you have received the product you wanted without a complaint on quality.

Yes. Selling sample is illegal.

Now as to whether you wanted to spend another one rupee hard-earned money for proceeding against that seller is your discretion.

First issue a notice enclosing the xerox copy of the package showing it as a sample and seek reasons from Customer relations dept., seeking reasons for sending samples instead of products that were marketed for direct sale.   Depending on their response you may decide.

(To my knowledge, many companies had ordered heavy packages and samples, and when there was a policy decision not to send the samples, without wasting the packages they are using the same for regular packs and they ought to have put a sticker on such descripttion as "Sample".  The important issue to be decided is as to whether the company is having such policy to provide "samples".  However for Rs.1,020/- you have sought free consultation of experts already and minimum consultation for an advocate is Rs.1,000//)

Anmol Rastog   25 May 2021

Thank you so much all of you for your help.

T. Kalaiselvan, Advocate (Advocate)     25 May 2021

Well explained by Expert Mr. G.L.N. Prasad. 

Itis convincing and and more detailed explanation, nothing more to add to it, I endorse his views. 

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