Amazon fake returns’ scam: Karnataka HC refuses to quash case against duo accused of Rs 69 lakh fraud

After an executive of Amazon Logistics and Amazon Transportation Services filed a complaint against the duo, the Hennur police in Bengaluru in 2017 lodged a cheating case and subsequently filed a chargesheet against them.

While Bose and Ghosh filed a plea to quash the case, the high court dismissed it on the grounds that the rival contentions must go through a trial for adjudication. “The case at hand is shrouded with seriously disputed questions of fact and any such seriously disputed questions of fact can be thrashed out only in a full-blown trial. This court would be loath to interfere with such facts which require a full-blown trial,” the high court said in a November 22 order released on Friday.

“The apex court holds that when the case is shrouded with seriously disputed questions of fact, the high court should not interfere. The questions of fact are so seriously disputed in the case at hand; they are a maze and it would amaze this court to interfere on such facts,” the high court said in its order.

With “the advent of the internet and its tremendous advancement, the world today is unipolar. Crimes and its commission have become ingenious, particularly in the digital age of today. There is huge proliferation in cyber crimes and online frauds in particular. It is developed to an alarming rate, leaving the victims in their wake,” the high court observed.

“The modus operandi, in these new age crimes, have completely changed the conventional acts of robbery and dacoity. Though they still exist, digital crimes have overshadowed conventional crimes. The consequences of such crimes are beyond boundaries. It is, therefore, they are modern age crimes,” the high court said.

The Amazon fake returns’ scam case

From December 1, 2016, to April 21, 2017, Sourish Bose and Deepanvita Ghosh allegedly carried out 104 dubious transactions where they returned items bought through Amazon and eBay by claiming the products were defective. In reality, they allegedly kept the original product, returned the cheaper ones and pocketed the refunds. “This resulted in a huge loss to Amazon in a sum of ₹69,91,940,” the high court was told.

The counsel for Amazon told the court that Bose used to place an order to be delivered to Ghosh and a lady in eBay, who was a relative of Bose, processed the orders.

“The moment it is delivered, accused No.2 initiates C-return. While C-return is initiated, the product in the box is changed. C-return is taken back which is routed through eBay,” the court was informed. The accused would gain as they would have the original product with them and the money received as refund, the high court was told by Amazon.