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ebay provide 2nd hand mobile, know what kind of action may take against ebay?

Item "Xiaomi Redmi Note 4G 1.6 Ghz Quad Core Processor 2GB RAM Mobile Phone" (Item ID:***) on 11-Jul-15.
The Shipping details are:

Courier name: BLUE DART
Airway Bill Details: ***


I get 2nd mobile from that side (ebay.in).
That mobile some body already used.
When i get courier packing ok but Mobile box seal was open
i get some other proof that confrm that mobile is 2nd hand
Mobile battery was also dead.
Some scratch on back side of mobile too.
Know i'm taken legal action against seller & ebay.

 

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