I don't think a Home user can use Academic software can they????

Its for educational only or something isn't it?

Don't you need ID of some sort to purchase them??

Should i give it back and get him to refund as its not opened??

If you're a student at the institution offering that edition, then you certainly can use it.
If you're not, and another is selling you such software - then?
He's a criminal and you are also for receiving stolen property.

I'd stuff him and get my money back, and then report him to authorities.

Case and topic closed.