Flipkart supplies duplicate Samsung laptop; booked for cheating by Doraha Police

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Flipkart supplies duplicate Samsung laptop; booked for cheating by Doraha Police
Flipkart supplies duplicate Samsung laptop; booked for cheating by Doraha Police

A Doraha resident Shiv Nandan Kumar Vinayak had given a complaint in this regard to the SSP Khanna

S.K. Shourie,

The Hush Post, Khanna: After a 33-month-long inquiry and legal opinion, Doraha Police have booked e-commerce company Flipkart for fraud. On a local resident’s complaint, police have registered an FIR against Flipkart for allegedly supplying a duplicate Samsung laptop.

The Doraha Police have registered a cheating case against the founders, directors, and employees of leading e-commerce company Flipkart. The police have registered this FIR after 33 months of consideration and legal opinion. Doraha Police officials said the charges against Flipkart include the supply of duplicate/ substituted/ pirated laptop.

A Doraha resident Shiv Nandan Kumar Vinayak had given a complaint in this regard to the SSP Khanna. The complainant accused Flipkart of supplying him a duplicate/ substituted/ pirated laptop of the Samsung company.

Vinayak had purchased a Samsung Company laptop model number- Samsung NP300V5A-S0CIN Laptop (2nd Gen Ci7/ 6GB/ 1TB/ Win7 HP/1GB Graph). He made this purchase from Flipkart. Their vendor WS Retail Services Pvt. Ltd. Mahipalpur, Delhi delivered Vinayak a Samsung laptop. It had an invoice No.DEL20130200266105 dated February 16, 2013.  The laptop had IMEI/Serial No: HN6291JC200305 dated February 19, 2013.

Vinayak paid Rs 39,990 in cash at the time of its delivery against order number OD30205064532 dated February 5, 2013.

The fraud came to light in 2015 when the laptop got stolen

In June 2015, somebody stole Vinayak’s laptop and Rs Four lakh from his car by breaking its windowpane in Khanna. Vinayak lodged an FIR of theft on June 29, 2015, against unknown persons in this regard.

Then Vinayak contacted the Samsung to get the MAC ID of the stolen laptop which could be helpful to trace it. On August 19, 2015, Mahendra Pratap Singh, Escalation Desk-I, Samsung sent an email to Vinayak. Through email, the company said the model number and a serial number of the stolen laptop are not matching in their system.  Thereafter Supriya, customer executive officer of Flipkart and Customer Support of Flipkart.com sent emails on October 21, 2015, and November 3, 2015, to Vinayak. Flipkart promised to solve this problem but the company failed to solve the complaint of the customer at any level.

Feeling cheated, Vinayak then complained to the Khanna SSP on December 21, 2015

Then Vinayak complained to the Senior Superintendent of Police (SSP) Khanna on December 21, 2015. He demanded an FIR against the Flipkart company, founders, directors, and employees for the fraud committed by them. The Superintendent of Police (SP) (Headquarters) Khanna conducted an inquiry in this complaint. In the inquiry, the area manager of Samsung revealed that the serial number of the laptop is of 15 digits whereas the serial number of the laptop supplied by the Flipkart is of 14 digits. Thus Flipkart cheated the customers on online purchase with duplicate/ substituted/ pirated laptop by fixing the trademark of Samsung.

The police then sought the legal opinion from the Additional District Attorney

The police sought the legal report of Additional District Attorney (ADA) Kuldeep Singh. The ADA gave his opinion to register a criminal case against the accused citing a Supreme Court ruling in a similar case. That Supreme Court ruling was of a case Lalita Kumari Vs Govt. of Uttar Pradesh 2013 (4) RCR Criminal 979.

Agreeing to the report of SP (H) and opinion of ADA, Khanna SSP Dhruv Dahiya and ordered the Doraha SHO to register an FIR under section 420 of the IPC.

The complainant alleged that most of the e-commerce companies are selling duplicate/ substituted/ pirated goods on online purchases.

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