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Easier to climb mount Kanchenjunga than get refund from eBay

tashibasi
Community Member

DATED: 06-11-2013

 

To,

 

Shri Latif Nathani 

Managing Director

eBay India

 

                                                                                                                                       NOTICE
Sir,

 

Please find hereinunder the facts and circumstances under which the present notice is issued to you.

 

 

03-10-2013              - I ordered and made immediate payment for a Touch Screen Hand Held Video Game. Link for the product:- 

                                  

                                    http://cgi.ebay.in/ws/eBayISAPI.dll?ViewItemVersion&item=261279743361&view=all&tid=1284098404016

 

09-10-2013             - I received the product and immediately noticed that the DISPLAY SCREEN was only 4.3 inches wheras the

                                     one I had selected was said to be 5 inches (that was the USP of the item). On checking I found that the seller

                                    had relisted the item.

 

                                   http://www.ebay.in/itm/261279743361?ssPageName=STRK:MEWNX:IT&_trksid=p3984.m1439.l2649

 

                                  by the way, even the discription of the relisted item is wrong. It's shown to be 4.5 inches whereas the actual

                                  product is 4.3 inches. Like some other thing, with phones and hand held games, size (of display) matters.

 

09-10-2013           I immediately sent a mail to ebay guarantee and got a mail back stating that An eBay Guarantee claim has

                                 been opened for your transaction and my Claim ID was 298755.

 

10-10-2013          - I got a call from ebay Mumbai asking me if I was sure that I wanted a refund. When i said that I did, she

                                assured me that someone will be asked to look after my claim who would call me and that the matter would be 

                                 resolved within 5 days.

 

24-10-2013         - Not having heard from eBay and having waited patiently for about 14 days, I wrote to ebay customer support to

                                ask if they had forgotten my claim?

 

26-10-2013        - Call received from ebay Mumbai (someone named Mahmud - not positive) telling me that he's incharge of my

                              claim and that I should send back the product and send a mail of the scan of the Courier Receipt within a period

                              of 72 hrs or else my claim would be closed as resolved.

 

                              Imagine the cheek of eBay. You'll take 16 days to respond whereas I'm ordered to do the needful within 72 hrs

                             with a threat that if i did not do so, my calim would be closed as resolved (in other words ebay would force me to

                             keep a product which i never purchased and which i did not want). WOW! CORPORATE POWER.....

 

                            Furthermore ebay states that as refund of my courier charges they will isue me a coupon.

 

                            Why? I gave money and fairness says, I should get back money? Why try to force me to deal with you again? I

                           don't want to? And I have the right to choose not to. I stress, I don'y want your coupon - i want a refund.

                            Non-negotiable.

 

                           I wrote back stating that I would send the item the next day and send them a scan of the receipt too. I also made it

                           clear that I did not want a coupon. And that i wanted a refund.

 

30-10-2013      As I was unable to locate the address of the seller (my fault) I sent a mail to ebay asking for it.

 

31-11-2013     Mahmud (ebay) called me and asked why I had not sent the receipt. I informed him that I had sent a mail asking for

                        full address of seller but had yet to get a reply. He directed my attention to his mail dated 26-10-2013 and showed

                        me that the address had been therein. I apologized for my slip and told him that it would be done as soon as

                          possible.

 

                            Received a mail that eveneing telling me that now only 42 hrs was being given to me before closing my refund

                          claim as resolved.

 

02-11-2013      Went to the Blue Dart office which had delivered the item and asked them to have it sent back. Thinking that the

                           courier may require further info I had also taken a print out of the mail I had received from ebay . The courier told

                           me that the info in the mail was not sufficient and that I needed to get Buyer ID Code and Item Return Code from

                           ebay.

 

                          So I sent a mail to ebay the same evening. I even got a machine generated reply stating that my email was 

                           received and that somebody would get back to me.

 

04-11-2013    Received a mail from eBay stating that my claim was deemed resolved. The reason given being, that ebay hadn't

                         received any communication from me regarding this in the time line stated above.



                         What about the mails I sent on 26-10-2013, then on 30-10-2013, and again on 02-11-2013? What about the talk I

                         had with ebay (Mahmud) on 31-10-2013? Did I imagine all of the above? Or does eBay have a different definition of

                        the word 'communication'?

 

                        On reading the above, I sent you'll a reply the same day. As yet I haven't heard from you'll.

 

So on the facts and circumstances stated above, I am hereby notifying you that if, within a period of 72 hours, I do not receive my refund I shall initiate legal action against eBay India holding Shri Latif Nathani  as Managing Director of eBay India, personally responsible for all such cost and consequences that may arise.

 

 

 

Yours sincerely,

 

Tashi Norbu Basi

Gangtok, Sikkim

9434164801

tnttnb@gmail.com

 

Message 1 of 7
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6 REPLIES 6

Re: Easier to climb mount Kanchenjunga than get refund from eBay

relimart
Community Member
I don't get it, you are serving a notice via discussion forum? Did your lawyer not tell you that a notice can not be served through electronic media unless and until a court grants the same. EBay India falls under Mumbai jurisdiction so legal action can be taken in Mumbai consumer court only.

Regarding the issue in hand. I am sure you might have got a call from eBay security team asking about how they could help you. If not then please let everyone know.

I too want the trust and safety team to change this attitude of replying after 2 weeks and ordering to buyers. I truly support you in this Complain. Now call the trust and safety team and demand a manager to speak to. Don't hang up till you get a satisfactory reply. If needed help them call me.
Message 2 of 7
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Re: Easier to climb mount Kanchenjunga than get refund from eBay

Hi

 

Mr Tashi I was reading your post and thought I should point this out. You don't need any Return ID and Code to send items back to the seller. In this case your courier company gave you the wrong information. You just need the sellers name address postal code and phone number to be written on your package to send it return it.  You should go and have a chat with your courier office regarding this mis information that they gave you.

 

 

Message 3 of 7
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Re: Easier to climb mount Kanchenjunga than get refund from eBay

To Community Member - Relimart

I just saw your comment dated 29-10-2013 wherein you've said that a notice can't be served through electronic media unless and untill court grants the same AND that eBay falls under mumbai jurisdiction and can be taken in Mumbai consumer court only.

Above statement is a perfect example of "LITTLE KNOWLEDGE IS DANGEROUS". Both your above statements are erroneous.

No. 1:- under the Consumer Protection Act legal notice is not mandatory. All I need to show is that I gave the opposite party a fair opportunity to resolve/rectify the problem. Please note that my mail is titled 'Notice' and not 'Legal Notice".

No. 2:- As the name suggests, the Consumer Protection Act is an Act to protect the consumers from nefarious sellers / manufacturers / service providers etc. Therefore jurisdiction is not limited to the location of the opposite party. The other factors which decide jurisdiction are (i) place where cause of action arose and (ii) place where the buyer ordinarily resides.

I hope this is a learning experience for you to never take a sarcastic tone till you are absolutely sure of the facts.
Message 4 of 7
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Re: Easier to climb mount Kanchenjunga than get refund from eBay

To Community Member - Relimart

 

I just saw your comment dated 29-10-2013 wherein you've said that a notice can't be served through electronic media unless and untill court grants the same AND that eBay falls under mumbai jurisdiction and can be taken in Mumbai consumer court only.

 

Above statement is a perfect example of "LITTLE KNOWLEDGE IS DANGEROUS". Both your above statements are erroneous.

 

No. 1:- under the Consumer Protection Act legal notice is not mandatory. All I need to show is that I gave the opposite party a fair opportunity to resolve/rectify the problem. Please note that my mail is titled 'Notice' and not 'Legal Notice".

 

No. 2:- As the name suggests, the Consumer Protection Act is an Act to protect the consumers from nefarious sellers / manufacturers / service providers etc. Therefore jurisdiction is not limited to the location of the opposite party.  The other factors which decide jurisdiction are (i) place where cause of action arose and (ii) place where the buyer ordinarily resides.

 

I hope this is a learning experience for you to never take a sarcastic tone till you are absolutely sure of the facts.

Message 5 of 7
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Re: Easier to climb mount Kanchenjunga than get refund from eBay

Hi Parthhaa, Sorry boss you are wrong. I told the Blue Dart people here that eBay says there's no such thing as Return ID/Code. The blue dart people then called up eBay and got the Return ID/Code and my package was sent back.
The Return ID/Code is needed to courier back the package without having to pay courier charges. Why should I have to pay for someone else's fault (intentional or not)? And No, NO I will not accept an eBay coupon.
Message 6 of 7
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Re: Easier to climb mount Kanchenjunga than get refund from eBay

Well i didnt know about that, as I never had to return any product to eBay. Anyways its good to know that you could return it for free. I once had to return a purchase of mine from another site by Blue Dart from their main office in Siliguri a few weeks ago and was charged a lot. Ya, don't go for any such coupons, just get your money back. Hope everything works out fine for you. Good luck

Message 7 of 7
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