MOBLAP - MOBLAP has sold me refurbished mobile that too of lower model claiming it was new and after failing

This mobile shop named moblap based in G-**/* ,Shaheen Bagh,New Delhi,******,has committed fraud against me they had sold me refurbished mobile claiming it was open box,that too they had sended me lower model and made bill on the same mobile and told me that it was the monile that I ordered,their sales team was in contact with me till the last day and they had made bille and sended the refurb lower model but on their courier box and to me they are telling that it's higher model one so when asked for replacement they had taken more than a month they had even asked back mobile from me promising to replace but still nothing happened and when asked for refund they are telling me that I don't have option of refunding my money,and I have to either wait for same mobile or buy higher mode by adding more cash,so I had filled case against them and sende Legal notice to them through advocate and the date has ended yesterday so I want to take them to consumer court please help me guys.