consumer protection act

dear all,

i have ordered a phone through flipkart under exhange program as per their terms and conditions if their is some scratches in phone body they will deduct rs 200 it is clearly mentioned in their website but when delivery boy came to my home he refused to take the phone as their is scratches i showed him flipkart terms and conditions still he didnt exchange my phone later on complaint to flipkart with showing their terms and conditions they cancelled my order and refunded the money.

please provide below questions answer

can i sue flipkart under consumer protection act if yes they hve refunded my money as per which section
i went to consumer district consumer court the employee is saying only when u hve purchased some goods then u can file a case

how can i file a case against this business malpractice