Legal Question in Consumer Law in India

Sir,

I ordered an electronic product thru online seller . Later I found they are fraud seller(Thru consumer complaints forum). Same day I tried to cancel the order. But I couldn't able to do. Because details shared by them in their webpage like Email id ,Mobile number are not in use.

Next day they sent mail and message stating product has been dispatched via INDIA POST under BIZ post - Cash on delivery.

I tried again to their email id and mobile. Again its not in use.

After 7 days post man called to come and collect product.I informed him ,The product is from fraud seller.I tried to cancel.But it not happened.Before receiving product itself I couldn't able to catch them - How I can contact them after receiving product if I found its not working.

Postman told he will return.

The problem here is in seller mail mentioned as below:

In case of refusal / non acceptance of this shipment 2 way shipping charges + any entry / transit taxes incurred on this shipment may be applicable and liable to be paid by you.(Please refer: Section 44, 55 and 56 of Sale of Goods Act,1930). These charges may account at least 40% of the COD Amount and shall be payable by you. This order cannot get cancelled irrespective of anything as it is already dispatched and is in transit. Goods are completely tested and inspected before dispatching the Order. Orders once dispatched cannot be cancelled and are liable for the above charges. Failure to adhere the same may enable us to carry legal proceedings as per the above said provisions. We hope to seek your co-operation in this regard and would highly appreciate the same"

Is our law supporting to such frauds.?

How I can handle them .Many peoples suffering because of this seller.

Need advise

1 Answer from Attorneys

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