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Claim # 1714696 denied with invalid reason

mamatha_2401
Community Member
Hi Ashish,

As per our discussion on phone, here are the complete details and email information sent to you. Most of these queries were responded to you from ebay portal itself. Dates are also included for your reference and cross verification.

GEB - 150421733184 - *BRAND NEW* Kindle 2 Wireless **IN
Item # 180479729672
Paisapay transaction Id :-26401403458


Date: Wed, 16 Jun 2010 00:28:26 IST
This is my 6th email being sent to Ebay. In-spite of having paisapay protection policy, I am suffering for purchasing through global-buy. I have raised a claim, but the case was closed stating that I shouldn't have received the courier which doesn't make any sense. I have sent multiple emails and had chat with few of the Paisa pay Live chat, there is no proper response or resolution to the case. I was sold a used and defective piece. I paid Rs 20,000 and I am not even being refunded with any money. Do you think ebay still has a good protection policy in place when the claim department closes of the case without proper resolution and gives some lame excuse to the buyer saying "you should not have received the courier". is there any one from ebay from whom I can receive a call/email for further understanding? i had to leave the company for I purchased a defective piece and my salary was put on hold from past 3 months. ebay paisapay is not there for customers benefit, it is there only for buyers and it takes very unfair decisions when comes to sanctioning claim refund even to truthful cases. instead of paisapay protection policy, you should have placed ONE LINER stating, we are not responsible for anything you buy from ebay. regards, Sanjeev email: mamatha2401@rediffmail.com ebay id: mamatha_2401


Date: Wed, 16 Jun 2010 00:27:16 IST
GEB - 150421733184 - *BRAND NEW* Kindle 2 Wireless **IN (#180479729672) I purchased the above item, found to be defective piece, raised a claim, but there is no response from ebay. Now the item has found to be ended and not able to raise "Item not as described" This is my 6th email being sent to Ebay. In-spite of having paisapay protection policy, I am suffering for purchasing through global-buy. I have raised a claim, but the case was closed stating that I shouldn't have received the courier which doesn't make any sense. I have sent multiple emails and had chat with few of the Paisa pay Live chat, there is no proper response or resolution to the case. I was sold a used and defective piece. I paid Rs 20,000 and I am not even being refunded with any money. Do you think ebay still has a good protection policy in place when the claim department closes of the case without proper resolution and gives some lame excuse to the buyer saying "you should not have received the courier". is there any one from ebay from whom I can receive a call/email for further understanding? i had to leave the company for I purchased a defective piece and my salary was put on hold from past 3 months. ebay paisapay is not there for customers benefit, it is there only for buyers and it takes very unfair decisions when comes to sanctioning claim refund even to truthful cases. instead of paisapay protection policy, you should have placed ONE LINER stating, we are not responsible for anything you buy from ebay. regards, Sanjeev email: mamatha2401@rediffmail.com ebay id: mamatha_2401

Date: Sun, 06 Jun 2010 13:13:56 IST
this is my 5th email to eBay and still I have not received a proper response and proper investigation done for this claim where I have been a victim because of seller and also because of eBay. please address this ASAP. Regards,Sanjeev email id: mamatha2401@rediffmail.com user id: mamatha_2401

Date: Sun, 30 May 2010 23:49:28 IST
Claim # 1714696 Hi Ashish, You replied to me stating my claim was denied for I have received the damaged courier. I agree that the package was tampered, but the device was in packed condition inside the courier package. I contacted the Mumbai courier office before receiving the item as the seller was not responding my calls (ISD). They said to open the package and check if the product itself is in packed condition or not. If in packed state, I may receive the item as it is sealed by the sender. If not I may reject the courier as per terms and conditions. Only after checking this, I accepted the courier as the product was in packed state. The problem on hand is device which was mentioned as NEW in the item description page is found to be used which I came to know as per Youtube videos. And now the device powers off all by itself after some time even though it is charged properly. As we both can see, this is not the problem with the courier service, it is the problem of the seller. As per PaisaPay terms, the item was supposed to be checked and also tracked by the seller till it is delivered to the buyer before the time committed, if not, it should have been communicated to the Buyer in case of any delays. Hence, seller was irresponsible and has neglected the terms of eBay. As we do not have any authenticity documents from the seller stating the device was tested and is working fine, how can courier persons take responsibility and how can we fight with them. I have purchased this device for my office (product receiving at my office address only). Now as this device is not working, my salary has been stopped since from march month as they are asking me for a replacement/retuen of money. I am only a buyer, when the seller is not responding to my emails as per the item description, how do i bear this loss? I request eBay to not to close this case without claim settlement as I am a victim, I can send you the product which you can test at your end and find who is wrong. The case is regarding "Item is significantly not as described" hence on these grounds, I request to reconsider this. I am looking forwarding with a great hope from eBay that a refund will be arranged. Please understand this again that my salary is stopped in my office because of this non-working device. I would have ignored this if this was around Rs.4000-5000, but Rs20,000 + is not a small amount. This is almost my 2.5 months salary Even you have also tried contacting seller who is not responding, it clearly shows that the seller has wrong intentions and is not trustworthy. Please do the needful and do a fair judgement in this case. please. Thanks & Regards, Sanjeev


NOTE: THE FOLLOWING IS THE REPLY WHICH I HAVE SENT TO YOU IMMEDIATELY AFTER WHEN YOU DENIED MY CLAIM REQUEST.

From:
"Mary Lourdhu"
To:
Subject: Re: SHORC003 - ATTN: Ashish G. | eBay Purchase
Protection Program Claim - Claim # .1714696. (KMM27083211I15977L0KM)
Date: Sat, 22 May 2010 11:02:24 IST

Hi Ashish,

The package was tampered, but the device was in packed condition inside the box. I contacted the Mumbai courier office before receiving the item as the seller was not responding my calls (ISD). They said to open the package and check if the product itself is in packed condition or not. If in packed state, I may receive the item as it is sealed by the sender. If not I may reject the courier as per terms and conditions. Only after checking this, I accepted the courier as the product was in packed state.

The problem on hand is device which was mentioned as NEW in the item description page is found to be used which I came to know as per Youtube videos. And now the device powers off all by itself after some time even though it is charged properly.

As we both can see, this is not the problem with the courier service, it is the problem of the seller.

As per PaisaPay terms, the item was supposed to be checked and also tracked by the seller till it is delivered to the buyer before the time committed, if not, it should have been communicated to the Buyer in case of any delays. Hence, seller was irresponsible and has neglected the terms of eBay.

As we do not have any authenticity documents from the seller stating the device was tested and is working fine, how can courier persons take responsibility and how can we fight with them.

I have purchased this device for my office (product receiving at my office address only). Now as this device is not working, my salary has been stopped since from last month as they are asking me for a replacement. I am only a buyer, when the seller is not responding to my emails as per the item description, how do i bear this loss?

I request eBay to not to close this case without claim settlement as I am a victim, I can send you the product which you can test at your end and find who is wrong.

The case is regarding "Item is significantly not as described" hence on these grounds, I request to reconsider this.

I am looking forwarding with a great hope from eBay that a refund will be arranged. Please understand this again that my salary is stopped in my office because of this non-working device. I am newly married, I am feeling embarrassed in my office and also in front of my in-laws. I would have ignored this if this was around Rs.4000-5000, but Rs20,000+ is not a small amount.

Even you have also tried contacting seller who is not responding, it clearly shows that the seller has wrong intentions and is not trustworthy.

Please do the needful and do a fair judgement in this case. please.

Thanks & Regards,
Sanjeev






From:
eBay India Customer Support - insppp | Add to
Address book |This is spam

To:
Subject: SHORC003 - ATTN: Ashish G. | eBay Purchase Protection
Program Claim - Claim # .1714696. (KMM27083211I15977L0KM)
Date: Fri, 21 May 2010 15:36:45 IST
Hello,

This mail is in regards to the claim filed by you against your seller for item No # 180479729672. Claim No # .1714696.

We would like to inform you that we have carefully investigated this claim and have noticed that the item which you have used and open condition as this mentioned by you.

So that presently we have denied your claim. Because if you have saw the item at the first sight that parcel is in open state then you have should return the parcel. But you have accepted the same and kept it with you. So in this we would also not be able to fight with the courier.

Hence on all this ground we have denied your claim.

Thank you for your time.

Sincerely,

Ashish G,
Ashish Adjuster
Standard Purchase Protection Program
eBay Trust & Safety




Date: Thu, 20 May 2010 17:47:48 IST
Item Significantly Not As Described: GEB - 150421733184 - *BRAND NEW* Kindle 2 Wireless **IN (#180479729672) Payment Method: PaisaPay Payment Date: 11-Mar-2010 refund claim request was submitted on 3rd Apr 2010. I haven't received any status. please help me as I still have not received my salary from my office for Apr month. I tried contacting Amazon through email but not helpful. This is my third email to which I have not received any response from eBay. Regards, Sanjeev

Date: Thu, 13 May 2010 23:15:25 IST
Checking about the case which was opened on 03 Apr, 2010. As there was no response from Seller, I raised the case to further level and submitted for claim on 14th Apr. Please let me know the status as my job is at stake for I had received a used and defective item. You may collect the item from me. Please help me getting my refund at the earliest.


Case closed on: Wednesday, 14 Apr, 2010 17:21:15 IST


Case opened on: Saturday, 03 Apr, 2010 16:17:56 IST
Date: Thu, 01 Apr 2010 00:40:03 IST

I have paid the item through PaisaPay ID 26401403458 on 11th Mar 2010. I was supposed to receive the item by 31st of March. The item was with courier persons at Mumbai branch after got cleared from customs on 18th Mar. However, it has not reached Hyderabad till date. I have sent 2 emails to the seller, one on 24th Mar and another on 31st Mar. However, there is no response from the seller. I made multiple calls including STD (mumbai) to courier personnels and came to know that the item has been mis-routed to some other location and the location was not disclosed even upon request. Also, I was told by the courier persons that the item packing was found to be tampered. It is sellers responsibility to track the item and communicate the information to the buyer, in case of the extension of time, it is supposed to be upon my discretion. Here seller has violated the rules. Such type of sellers should not be allowed or entertained to sell any items. Now, I am not sure if the item (which I may receive in next 2 days) will be in working condition or if it is damaged. When I am trying to raise "Resolve a problem", it is asking me to select "item received" option, and there is no option to select "Item not received" please advice at the earliest. Thanks & Regards, Sanjeev
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