[Resolved]  Homeshop18 — Non delivery of product in spite of having stock

Address:

Mumbai Suburban, Maharashtra

I booked Sony Xperia mobile phone on HomeShop18 on 20th July 2013. Made the payment through credit card and the order was accepted.
On 25th July 2013, since I did not receive the delivery of the product, I called them to inquire about the status. They informed that it has not been delivered and shall make arrangement to dispatch the same.
On 26th July 2013 I received a SMS and an Email that the order is cancelled due to no stock. Immediately I checked on their site and it was still showing IN STOCK but with a different higher rate. I called their customer care and the lady informed me that the colour I had ordered by me was out of stock (unaware of the fact that I had already seen the availability of stock on their site). So I informed her that any colour was acceptable to me. I even mailed this to them in writing by another mail. In the mean time I received a mail from Mr. Mack Donald (from HOME SHOP 18) informing that I had cancelled the order and they were processing the refund. I replied him that it was their message that informed me that they were out of stock and therefore cancelling my order and processing refund. Soon I received a mail from them informing that I have forgotten to place order for the one I was checking on 26 July 2013 indication that they have stock in the given colour.
Even today i.e 28th July 2013 at 15.43 hrs their site is showing stock available in the colour I had asked for and can be delivered to my pin code.

This indicates nothing that the company does not want to deliver the order due to increase in the rate.

I would request you to kindly take adequate legal action against the vendor HomeShop18 so that they stop such practice henceforth. Also inform me the action taken. I am interested in claiming damages from them.