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Shop clues Fraud - Legal Options or Accept Fate?

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Deal Subedar
TheSniper

I purchased a SanDisk 32 GB memory card from seller Jasper from ShopClues which turned out to be fake. SanDisk has communicated this via email. I have forwarded the same to ShopClues, which wants me to return the product. However, they themselves have decided to send a replacement instead of refund without asking my opinion. Now, if I accept this and send the counterfeit product, what if they send another fake one in return? I don’t trust them anymore.

Please suggest me whether I should consider legal proceedings against them, and the procedures involved. I don’t want another product from them, but I’m not sure if they will give back my money.

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Deal Captain Deal Captain
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‘The Sniper’, are you by any chance getting the replies from Amrit or Gaurav? If yes, then I was also in the same boat before…:-D

At least, you had got the partial refund. I did not accept the Order as the information mentioned on the Order page was wrong and I mistakenly orders. I asked them to cancel the order, instead they shipped it. I did not accept the order.

Guess what, in my account, the Order showed it is already delivered to me..:shock: I sent several emails and everytime Amrit or Gaurav used to reply back saying, “We regret for the inconvenience caused to you. We have checked the current status of your order, it has been delivered at your shipping address. We hope that you have received it. Kindly acknowledge the delivery of your order placed at ShopClues.”

After several emails, I finally got an email last month saying that my refund is initiated. Not sure if they have even refunded now..

Deal Subedar Deal Subedar
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No, I usually get my replies from one Rahul. This means, irrespective of who handles our complaints, they all keep copy-pasting responses without even reading our queries.

Deal Subedar Deal Subedar
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I sent one last email threatening them with legal action. They responded with a call, but they kept insisting that I had only returned the adapter, hence the partial refund. While I was asking them as to why they did not intimate me about it after receiving the product and before processing the refund, they disconnected the call.

I have now filed a complaint on Akosha.com and paid Rs.99. They have begun to represent my case with SC from today. I’mm looking to hold them accountable by claiming Rs. 50,000 + product cost as compensation for the mental agony they have caused.

Deal Captain Deal Captain
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The Sniper wrote:

I sent one last email threatening them with legal action. They responded with a call, but they kept insisting that I had only returned the adapter, hence the partial refund. While I was asking them as to why they did not intimate me about it after receiving the product and before processing the refund, they disconnected the call.

I have now filed a complaint on Akosha.com and paid Rs.99. They have begun to represent my case with SC from today. I’mm looking to hold them accountable by claiming Rs. 50,000 + product cost as compensation for the mental agony they have caused.


All the best bhai..!!
Keep us updated ..!

Deal Major Deal Major
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The Sniper wrote:

I sent one last email threatening them with legal action. They responded with a call, but they kept insisting that I had only returned the adapter, hence the partial refund. While I was asking them as to why they did not intimate me about it after receiving the product and before processing the refund, they disconnected the call.

I have now filed a complaint on Akosha.com and paid Rs.99. They have begun to represent my case with SC from today. I’mm looking to hold them accountable by claiming Rs. 50,000 + product cost as compensation for the mental agony they have caused.


Good work bhai.. Akosha is very good.. Teach Fakeclues a proper lession.. Please update here also.. There are many looted by shopclues https://cdn2.desidime.com/assets/textile-editor/icon_evil.gif
Recently there was a BangBang mission https://cdn3.desidime.com/assets/textile-editor/icon_lol.gif

Deal Subedar Deal Subedar
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UPDATE:

Within a week after raising the issue with Akosha, ShopClues responded saying they are approving my refund. I have not yet received the refund after 10 days now.

However, I want them to be held accountable. If anyone familiar with consumer rights could guide me, I would like to proceed further against them. Here are my concerns:

  1. They sent me a counterfeit product
  2. They refunded only half the amount. When questioned, they said I did not return the product
  3. After reporting to Akosha, they have agreed to refund the whole amount, which means they’re acknowledging their mistake.
  4. Can I proceed further for compensation for selling counterfeit product, then trying to cheat me by withholding half the money, and for taking more than 4 months?
  5. If so, I am considering to ask Rs.200 towards expenses(akosha fee and phone calls), and Rs. 50,000 for the long delay. Is this reasonable?
  6. Finally, if SC refunds the balance, can I still proceed for the fraud and the long delay?

I am considering these options not because I want to make money, but I want to raise my voice against these atrociousness of shopclues against buyers like us. If each of thinks doing these things is a waste of time and money, then who will speak up?

Deal Cadet Deal Cadet
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Yep. I suggest you keep firing.

They finally took notice which is great. It means you hold some of the cards now. I say keep plowing. Those bastards need a good asswhupping or two to get in line. Don’t know where these stupidass clown companies keep popping up from…shopclues…even the name is dumb. And the worst part is they somehow turn successful!! https://cdn1.desidime.com/assets/textile-editor/icon_confused.gif

One similar bad experience I had was with an arse site called xtees. I guess as buyers, we need to exercise some restraint before flocking like salivating dogs at every dime n nickel sale that goes up on these ass sites. It’s time we take a stand. If they fuck with us, we fuck back with them.
Deal Subedar Deal Subedar
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I have to pay a whopping Rs. 8427 in order for Akosha to help me draft a complaint to the consumer court. Now I’m worried! https://cdn2.desidime.com/assets/textile-editor/icon_cry.gif

I can’t even confirm whether I can press for compensation if they refund the balance amount. And the fee is too high for a case that I am supposed to proceed in person. They’d only be drafting me the necessary documents. I wish core.nic.in was effective. They provide free service there.

Deal Cadet Deal Cadet
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8.4k what the F?….that’s insane man..too fuking much..doubt it wud cost if one were to go individually to a lawyer…8.4k my ass…too much man…fckk…

Deal Subedar Deal Subedar
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coldfire101 wrote:

8.4k what the F?….that’s insane man..too fuking much..doubt it wud cost if one were to go individually to a lawyer…8.4k my ass…too much man…fckk…


Yep. I know. core.nic.in costs nothing. But they haven’t responded to my complaint yet, even after a month, which is when I decided to approach Akosha.

To proceed with a case in a consumer court, we don’t have to hire a lawyer or pay any charges. But who will take the pains to do all that? I want to, though…

Critic Critic
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I think shopclues paid Akosha a larger amount (i.e. > 99) to shut their mouth… perhaps a thousand bucks…
That’s the reason behind 8.4K. Everyone knows no one will be ready to spend that much an amount for this. https://cdn2.desidime.com/assets/textile-editor/icon_toungueout.gif

Deal Subedar Deal Subedar
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Apologies for the delay in updating this thread!

Shopclues did not budge. Akosha kept sending mails to their cc, and then to their management, but I got no call or email from SC. The only reply they gave via akosha was that they needed time to ‘investigate’ this case. Finally akosha sent them a notice on my behalf, threatening them that I will sue them in court if they did not respond in 15 days. SC did not respond within 15 days either. How adamant they are! Finally I went ahead and paid a fee or Rs.300+ and akosha began to prepare documentation for me to file a case in the consumer court.

And then it happened! I got my refund the next day, and a day after that, I received a post from SC’s legal expert saying things like they are just an online marketplace, and they have no responsibility over the sellers’ actions. I contacted akosha, and they readily agreed to refund my fee as credits which I can use in future.

So, although I had spent a bit more than what I was to lose, I won the game! If all of us do this, they’ll learn their lesson. And the fee from Akosha is reasonable too. Its not Rs.8400+ as mentioned earlier.

Critic Critic
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@The Sniper wrote:

… and they readily agreed to refund my fee as credits which I can use in future.


So they want you to get into trouble again. https://cdn2.desidime.com/assets/textile-editor/icon_toungueout.gif

Deal Subedar Deal Subedar
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@dimernew wrote:

@The Sniper wrote:

… and they readily agreed to refund my fee as credits which I can use in future.


So they want you to get into trouble again. https://cdn2.desidime.com/assets/textile-editor/icon_toungueout.gif


https://cdn1.desidime.com/assets/textile-editor/icon_biggrin.gif Perhaps they do! But at least they offered a refund instead of saying its not refundable.

Deal Subedar Deal Subedar
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I’m happy for you brother.Finally perseverance pays off.

Good that you shared your case with constant updates here

Finally a lesson learnt https://cdn2.desidime.com/assets/textile-editor/icon_wink.gif

Deal Subedar Deal Subedar
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Thanks for the encouraging words mates! My effort was negligible in front of these online giants.

What did I spend?:

Memory Card – Rs. 774
Phone calls to SC cc – Rs. 53
Akosha Fees – Rs. 111
Akosha Fees(court) – Rs. 336
Time – Rs. *******
Peace of mind – Rs. *******
-———————————————————-
Total – Rs. 1,274
-———————————————————-

What I did I get back?:

Partial refund – Rs. 387
Refund after Akosha – Rs. 387
Fee refund as credits – Rs. 336
Compensation for Time – Rs. 000
Closure(satisfaction) – **********
-————————————————————-
Total – Rs. 1110
-————————————————————-

Total costs incurred in the fight: Rs. 164

You can see that it was negligible. Even if I were to add the Akosha credits as costs, it would be Rs. 500. Had I not paid the second fee, this loss would be nothing. Anyhow, I don’t smoke or drink. So I won’t consider this Rs. 500 as a waste of money. I would consider it as a contribution for a good cause. At least I stood up against the giants and won the battle. If each one of us will fight till the end, these giants will fear us! Otherwise, my effort would be like a drop of water in an ocean!

Helpful Helpful
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@The Sniper wrote:

…., and they readily agreed to refund my fee as credits which I can use in future.


use it in local trades https://cdn2.desidime.com/assets/textile-editor/icon_toungueout.gif

+30KG for update

and you have earned https://cdn0.desidime.com/attachments/photos/371571/medium/2104515-smileyhelp-ceilingfan.gif?1481010105

Deal Subedar Deal Subedar
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Does Akosha charge step by step at every step.

can I directly go to 3rd option of consumer court.

Is that fix fees or varies from amount of transaction or bargaining.

I want to use them to give me papers for filing case. later my father will do rest.

Deal Subedar Deal Subedar
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I think you can pay upfront, but you should be knowing that the process must be step-by-step in order to prove in court that the company did not respond positively to your grievance. And yes, akosha first sends mails to the company customer care, then escalates to higher management, and finally prepares all documents and sends them to you, and you can proceed with the case in the consumer court.

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