can a calim handler reject buyers claim on basis of a different listing ?

[2013krishnarathi]

I bought an GEB item (item no 380647830644), a HTC 7 pro which as per listing was an unlocked GSM 8 gb phone.I even send an email to seller and asked whether it was a GSM phone. I received a reply whereby the seller agreed that yes it was a GSM phone.

But when I received the item it was a CDMA 16GB phone. When I talked with seller he very confidently told me to file a claim.

I filed a claim.

now here is the most shocking part: The claim handler tried to convince me that it was my mistake i.e. I did not paid attention to the listing and she said that the listing mentions CDMA phone. When I asked her to send me the link to listing then she send me a link to item no 251278673482. I was really amazed with her logic that though I bought item from different listing, it was my mistake that I did not check the original sellers listing.

Then I told her that I have record of email communication with seller whereby seller agreed that yes the item in question was a GSM phone then she asked me to forward the communication to a email address that she provided.

I duly forwarded the email. Now instead of hearing from ebay I receive a message that my claim has been rejected, reason being although my item may not match description for item no 380647830644 (which is the original listing wherefrom I bought the item and which later, i2cworld inc, the seller discontinues), it match description for listing of item no 251278673482 (although I never bought this item).

Now please can some one put some common sense into minds of these claim handler.

[rajelectroniks]

You just tell that retard claim adjuster that HTC-7-Pro is suppose to be a GSM phone and you have received a CDMA handset. No where in both the listings the seller has mentioned GSM or CDMA so on what basis she has closed the claim.

These so called claim adjusters are all 12th std, 35% pass, commerce people on contract so how do you expect any level or class of service tell me, this is India "sab chalta hai".
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[sanchitgoyal90]

This is absurd to say the least. No sense in the decision of claim adjuster.

[2013krishnarathi]

But I dont know how I can get my money back..
Any suggestions?

[sanojkd]

how i give claim for my item

[2013krishnarathi]

Now can any one please tell me is there any option left for me to get my money back from ebay?

If anyone has prior experience of getting their money back even tough their claim was initially rejected by claim handler, please share your experience.