Visakhapatnam District Consumer Disputes Redressal Forum
The President
III Floor, Criminal Court Complex District Court Complex, Prakashraopet
Visakhapatnam
Andhra Pradesh
Tel :- 0891-2746026
Sub: Defective/Second Hand Phone supplied by Ebay Seller sky.way
Ref: Item: WHITE Sealed Samsung I8190 Galaxy S III Mini Mobile 1Yr Dealer
Warranty S 3 Mini ( 190850541942), Ebay Claim: 237413,
PaisaPay ID 33815944844
Dear Sir,
My troublesome experience with eBay and its seller sky.way
I had purchased Samsung S3 Mini White Color phone, for my wife from EBay seller sky.way on 2nd June-
Brand New for Rs.15500.00
Payment was made using paisa pay and the seller shipped the product within 2-4 days,
All was fine till then.
Opened the package, set up the phone, used it for 2 hours all was fine,
After which battery was low used the charger and when it was plugged it, realized it was not working,
Contacted the seller on phone the next day and asked him that I ship the phone back to him for replacement or will he arrange a replacement charger, he said He will replace the charger.
Waited for 4-5 days, didn’t received and then emailed him about it, he said you send back the defective charger and he will arrange replacement, I said fine and shipped it thru courier, but for unknown reason after around 7 days it came back to me saying that the address was not there.
In the meantime the phone was having some software issues and used to hang a lot which was brought to the notice of the seller and then subsequently after around 20 days of imperfect usage, the phone just died,
Now here is where the story starts.
1. On closer examination of the phone, they had supplied me a tampered/refurburished phone
there was a red color sticker at the back with the Sr No.144, checked with a friend he said that
is normally done at the service center to mark the service sheet/phone.
2. The Seal of the box was tampered, there is another sticker stuck on top of the original do not
open seal.
3. I had ordered a White phone, which was packed in a box meant for a black phone.
4. Had received black color headset along with the while phone.
I informed the seller about the above defects and subsequently open a eBay guarantee claim,
As eBay allows paisa pay claim if dispute is opened within 30 days.
The seller contacted me and told me that he will replace the phone if I withdraw the claim, I told him I will do so, once my phone is replaced, after which he told me either you withdraw the case or I will have to go thru eBay for the entire replacement during and frankly nothing is going to come out of it. I told him I will try my luck and hung up.
I had clicked the photos, and emailed both eBay and the seller, and later eBay customer care called and asked me to ship the item back to the seller and they will refund me the courier cost of the shipment, after two days the seller emails asking me why I shipped the phone back to him, and I explained to him that eBay had asked me to do so, shortly he emails back saying that the phone is water damaged and posted a pic of the battery saying that water damage indicator had turned red, which I clearly remember I had checked before sending to him that there was no water mark on the battery and plus the phone had not come in contact with water all the period with was with my wife, when I asked him to show me picture of the battery with different angle he said that I am clearly trying to con him, and blame my mismanagement of the phone on him
The next day he messages back stating that the phone has been repaired and he will be sending it back to me, I told him I don’t need that phone back and either you replace my phone with a new one or give me a full refund, for which he replied back he will replace the internal circuit and I will need to pay him Rs.3500.00, and it was during this conversation on email I finally closed the despute with phone on conversation and reverted with ebay to solve the case,
In this meantime I had called up eBay number of times asking them to expedite the case and solve it basing on the evidence I have provided, and each time I was promised my claim adjuster will revert back to me, and in this process they called me once during which my battery was on 3% I asked the claim adjuster to call me back in 10 minutes so that I can go near a phone charger and talk to him, that also never happened, and later I again made many calls to eBay and each time I was told my claim adjuster will revert back to me and each time I had called I had specific request not to call me between 5-8 PM as being the month of Ramzan I will be in Masjid and will not be in a position to take his calls, it was during this conversation I lost my cool and posted a negative feedback on the sellers profile, and within 2 hours he calls back asking me If I remove the feedback he will replace with new phone, I told him replace my phone and I will do so and as usual he refused, stating that my 20 days of claim addressal are up and he will win the case and I will be the loser,
On 23rd July Blue Dart came with a parcel for me, I called up the seller asking him if he has send a new phone or a repaired he replied back it’s a repaired phone, I then told him I am not in a position to accept the parcel and will be returning back to him, he said it was your wish he will not be responsible for it, same day I call up ebay once again and they said they will ask the claim adjuster to get back to me and I had left instruction not to call me after 5.00 then on the same day in the evening at 6:59 PM, I receive a email stating that they had tried calling me @ 6:29 PM on993825001# and since I didn’t pick up the phone and the seller had shipped the phone back me and they could see it online that I had refused to accept the phone they are closing the case in the sellers favour.
I call up ebay the next day, to explain that the phone number they had tried to reach me didn’t belong to me and to tell them the claim adjuster gave a call to a totally different number to talk to me, and then I told them about the photos they said they havnt received it, which was brought to their notice they told me to make the file within 5 MB else it will be junked and that was then I split the files and send it to them again.
Each time I call up ebay, I have to explain to they executive the whole matter and each time I am promised that they will verify and revert back to me which they never do, now I see ebay has send me a coupon for the cost of the shipment back to the seller and they have also removed the –ve feedback and when I quested them about it this is their reply.
Hello Hussain,
Thank you for writing to ebay's Trust and Safety Team. My name is Minal and I appreciate the opportunity to assist you further with your concern.
Firstly we apologise for the delay in replying this mail. We would like to inform you that feedback forum is independent for the buyers and sellers and we don't normally interfere unless the feedback meets the feedback removal policy's found at: http://pages.ebay.ph/help/policies/feedback-abuse-withdrawal.html
After reviewing the feedback in concern, which you have left for the member 'sky.way' we see that the feedback was eligible for removal under feedback removal policies. Hence the feedback left by you was removed from the seller's account. We would also like to inform you that, once the feedback is removed it cannot be reinstated.
We trust the information provided is useful. Do let us know, if you have any questions.
We hope that we have been able to answer your query up to your satisfaction. If you need any more assistance, please feel free to contact us again by simply replying to this email.
Regards,
Minal N.
ebay India Trust and Safety Team.
So I am the loser at the end of the day, I have taken up the matter further at ebay, but looking at the current state of things I doubt I will get a positive action from their side, request you to kindly escalate the matter from your end, I have already posted the above claim on ebay-facebook page. And I am yet to hear from them.
Picture of the phone attached for your reference.
https://www.dropbox.com/sc/519p8p8f1rgd77o/zck-cOVOpF
Points to Note:
1. Seller sending 2nd hand S3 Mini White Phone, packed in a box meant for black colour phone,
Red Colour Sticket with the Number 144 stuck being the phone, suggest it has gone for servicing before being repacked, sealed and send back to me.
2.An eBay Guarantee claim has been resolved
Dear Hussain,
We thank you for your precious time in helping us investigate the issue you faced with your purchase. We regret to inform you that after investigating the claim we are rejecting your eBay Guarantee* claim request. For more information check
http://pages.ebay.in/help/ebay-guarantee.html#buyereligibility.
Please find the details here
Action : Buyer Claim request rejected by eBay
Remarks : We tried contacting you on at 2013-07-23 at 6:29 pm, however could not get through you as the number #
9938250011 was constantly Ringing. We wish to inform you that your seller has reshipped the recetified product to you, below please find the tracking details: Courier name: Blue Dart Docket number: 13841111686 As your seller has reshipped the item which is traceable online and shows Consignee Refused To Accept Shipment.Hence, we are closing this claim from our end.
NOTE: The above number is not my ebay registered number its xxxx, had you tried calling me up for 100th time and I had not picked up the call I would'nt have been put to blame, leave along the fact that I had specific instruction not to call me between 5-8 PM, as being the month of Ramzan I wouldnt have been in a position to pick up the call.
3. For all the number of times I had called up ebay to speak to the claim adjuster, Ebay reverted back only twice and once was when I had tell them to call me later as my battery was low.
Thanking you, we remain.
Yours Faithfully,
Hussain Masalia
Address of Party Concerned,
Ebay Address:
eBay India Private Limited,
14th Floor, North Block,
R-TECH Park,
Western Express Highway,
Goregaon (East),
Mumbai 400063,
Maharashtra(India)
Seller Address:
eDeal India
Lilly View
Shop No 12
Behind Meena International Hotel
SV Road, Jogeshwari (W)
Mumbai – 400102
Ph: 9773777377
My Address (Complainant)
Hussain Masalia
Matter taken up in other community forum.
http://www.techenclave.com/community/threads/ebay-rant.151201/
https://www.facebook.com/ebaydotin/...fset=0&total_comments=16¬if_t=feed_comment
Marked a copy to ebay and to the seller sky.way@hot mail.com