I got scammed by a seller on TE

Ir0nMerc

Level D
I bought a used 1660S from @blitzkrieg96 a few months ago after checking this listing. I paid him via UPI (GPU + half the shipping). He sent the package with Amazon via Shiprocket. The package didn’t get delivered stating the reason “customer refused” even though nobody came to our house. I received the message from the shipping company asking if I want another attempt for delivery which I said yes but nothing happened. Finally, package returned to the seller (@blitzkrieg96).

Then a few days later, he messaged me that he received windchimes in the package instead of his GPU. He filed a complaint with the company and they agreed to refund and reimbues the value of the item. Then he said to me, he will return the money when he receives it. In between I asked him to contact them for update but nothing much happened except they replied that they will update. It’s been 2ish months now.

I wanted to send Shiprocket a legal notice and file a consumer court case. So, I discussed this with my uncle who is a lawyer and much knowledgeable about this stuff. He explained it to me that I can’t file a consumer court case myself because I didn’t purchase services from that company. I cannot hold them accountable if I haven’t bought product or services from them. It made sense so I waited.

Then he messaged me 3 days ago and told me that the insurance company denied the insurance claim because the surveyor couldn’t find the 1600S at the claim amount. Although he tried to convince him by telling that prices change all the time but the surveyor was not convinced. @blitzkrieg96 shared the email with me that he received from Shiprocket stating that since the surveyor could not find 1660S in this price range, they concluded that it was used/2nd hand product and hence, they denied his claim.

I again discussed this with my uncle and he pointed out 2 things.

1. If the insurance agency is denying the claim based on a product being used that means the company does not allow sending 2nd hand products using their services. If that is the case, then it means that the seller broke the terms which would nullify the insurance coverage. He said he can only confirm it by reading company’s policy but he also said, that’s not our concern.

2. I bought a product/services from the seller so I can only hold him liable for any undelivered product, not the courier company or the insurance company. Of course, the seller can then again hold courier company liable because they lost his package. He hired them to deliver a package and they simply failed to deliver it and on top of that they lost it instead.

I messaged this to @blitzkrieg96 and said if he did break the terms of shipping company then I won't be bearing the cost of your mistake. He should have sent the package with a proper courier service. It was his responsibility.

To which he said, he is not going to return the money. He said he doesn’t care if the package reached to me or not.
 
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Well did you guys discuss shipping terms before parcel was sent? Did you explicitly pay for insurance?
If that is the case then onus is on seller.

If not its neither parties fault - I would split the loss equally between buyer and seller in such a case. If I was the seller, i probably would have issued a full refund and taken the matter up with shiprocket.

Also try and get shiprocket to further escalate and assign a different surveyor. It is also relevant to know if there is an unboxing video for the windchimes that were returned --
 
Well did you guys discuss shipping terms before parcel was sent? Did you explicitly pay for insurance?
No, I checked a few times. He didn't mention anything even on listing as well as on chats. 2 days ago when I talked with him he said.. he assumed that the buyer will bear any loss. Then I pointed out unless he specifically mention it in the listing for passing the risk down on buyer, how can a buyer will decided whether he want to take the risk or not.


It is also relevant to know if there is an unboxing video for the windchimes that were returned
He sent me a video but I can't comment on it if it's authentic or not.


If not its neither parties fault - I would split the loss equally between buyer and seller in such a case.
I also suggested that but he said he won't and he doesn't care I can do whatever I want.

File an FIR for fraud on @blitzkrieg96 if he's not co-operating and blaming it all on you.
Seller has to be responsible for the package in some way.
Either mutually agree to split the loss or do a police complaint.
That's the next step but I wanted to give him a chance. I wanted to resolve this matter peacefully. He denied.

He even said.. "I am not a retailer so I don't think I'm liable to any loss." like I was trying to file a consumer court case against him.
 
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Let him think whatever he wants, you do your part if there's no co-operation from him.
Also he should be banned here sooner than later. Send proofs to admins so they can take appropriate action.

@Crazy_Eddy @puns
Thanks for replying.

I am not an unreasonable person. I told him... even though I am at no fault but I will still bear some of the damage and we can put this incidence behind us.

His reply was.. "Sorry man can't do that. I've dealt in more than 2 lakhs on the website. I sure as shit won't try to scam on a 14k item. I'm sorry this happened to you, but the thing is I sold you the item and the fact it didn't reach you doesn't concern me. You could have picked it up at my place for all i cared. I picked the best rated and most expensive service and packed the item well. I am not a retailer so I don't think I'm liable to any loss. Good luck on future deals man. I've had a macbook pro i bought off of te had its display broken during transit and had to pay for it myself. So yeah. "

So the conclusion is.. some shit happened with him in the past so it is perfectly okay to do the same with me.
 
Yeah so everything @Ir0nMerc has written about the shipping and what happened is true and I have proof for all of it.
File an FIR for fraud on @blitzkrieg96 if he's not co-operating and blaming it all on you.
Seller has to be responsible for the package in some way.
Either mutually agree to split the loss or do a police complaint.
All I have for this supposed non delivery is the buyer's word. I'm not gonna trust someone without any feedback and send them back the money. I never resorted to blame game and assume that all risk of a delivery is borne by the buyer. Here are the facts from my end.

1. I sold an item to @Ir0nMerc and the buyer asked for me to deliver.
2. I paid insurance on top of the delivery amount received in case something went wrong to protect the buyer.
3. The fact that second hand devices are not covered was missed by me during the delivery time else I would not have paid for it.
4. All proof I have that the buyer did not actually recieve the device and sent back a windchime is his word, and considering his non existent feedback stopped me from being proactive on the refund.
5. I assumed it was an unwritten rule here that deliveries are actually an undertaking by the buyer and not me. Im not a retailer with a business set up. The buyer just as well could have picked it up at my place. In fact I have paid for an item I bought here that got damaged during transit even though we never had the talk about risk.
 
As Ive already said if I wanted to scam someone I sure as shit wouldnt pick a 14k gpu. Ive had multiple very positive deals on this forum with one being just a week ago. The onus of proof lies on you since youre the one accusing me of running a "scam".
 
First of all. I want to say that a civilized discussion would be much better...


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1. I sold an item to @Ir0nMerc and the buyer asked for me to deliver.
2. I paid insurance on top of the delivery amount received in case something went wrong to protect the buyer.
3. The fact that second hand devices are not covered was missed by me during the delivery time else I would not have paid for it.
4. All proof I have that the buyer did not actually recieve the device and sent back a windchime is his word, and considering his non existent feedback stopped me from being proactive on the refund.
5. I assumed it was an unwritten rule here that deliveries are actually an undertaking by the buyer and not me. Im not a retailer with a business set up. The buyer just as well could have picked it up at my place. In fact I have paid for an item I bought here that got damaged during transit even though we never had the talk about risk.
Since buyer didn't chose the courier partner and schedule/arrange the pickup from their end, you are responsible. Let's not debate on that fact.

Also your FS thread doesn't mention the shipping risk has to be borne by the buyer hence you have a responsibility there, be it partial or full.
The proof of non-delivery lies with you as you have arranged the shipment via your shiprocket account. If an RTO happened which of course it did then it automatically ensures and proves that the item was not delivered to the other party. This also is recorded on shiprocket.

About 5, there is no such rule. What made you think there is an "unwritten rule"?

Also, don't get down to the level of deranged person, that only shows what kind of a person you are.

@Ir0nMerc This seems not the kind of person who understands words or responsibility. You've given enough chances. I can't believe you're sitting on this since so many months. Just file an FIR with the help of your lawyer uncle.
 
You guys should post a screenshot of tracking. If it says buyer wasn't home or was unreachable then the delivery wasn't made. Also a screenshot of the shipping label to make sure address was correct.

I don't know how your deal was defined. But when I ship something, it becomes my responsibility that the product reaches the buyer in a good condition. Some listings have 'shipping at buyer's risk' and I don't understand that. How could buyer be responsible if he wasn't involved in packing and shipping? It seems an archaic line like 'No credit', 'Good once sold can't be returned'

Seller should register a police complaint against the shiprocket and force it to pay up the money.
 
As Ive already said if I wanted to scam someone I sure as shit wouldnt pick a 14k gpu. Ive had multiple very positive deals on this forum with one being just a week ago. The onus of proof lies on you since youre the one accusing me of running a "scam".
I think I already mentioned it. What I said is backed by proof. I have snapshots etc if needed to prove what I said is true.

Also, just because you had positive dealings in the past doesn’t mean you can’t do anything wrong in the next one. Same goes for me. It doesn’t matter if I have 0 review, it doesn’t qualify me for a bad artist.

On top of this, I just want to know my fault in this? Name one thing I did wrong.

When I didn’t receive the package, how could I do something wrong in this. Whatever you sent to me, you received it back. Are you ready to prove, you did in fact pack a 1660S in the package when you shipped and not the windchimes?
 
Ive already been burned by this so called sellers responsibility shit. Maybe its my fault trying to buy and sell on here. OP youre free to do whatever you like. I'll be sure to fire an FIR here as well. Good luck.
 
You guys should post a screenshot of tracking. If it says buyer wasn't home or was unreachable then the delivery wasn't made. Also a screenshot of the shipping label to make sure address was correct.
Brother, I have everything. I have taken screenshots of tracking page, TE listing, TE chat messages and any messages on Whatsapp. I have faced problems in the past, that's why I take all the precautions.
 
Ive already been burned by this so called sellers responsibility shit. Maybe its my fault trying to buy and sell on here. OP youre free to do whatever you like. I'll be sure to fire an FIR here as well. Good luck.
Why don't you take the matter with shiprocket? And how does one get an insurance on shiprocket? I haven't used it extensively so maybe I missed it. If insurance isn't solving the issue then file a case against shiprocket in consumer court. Or an FIR. Shiprocket will yield the money if you force its hands.
 
Why don't you take the matter with shiprocket? And how does one get an insurance on shiprocket? I haven't used it extensively so maybe I missed it. If insurance isn't solving the issue then file a case against shiprocket in consumer court. Or an FIR. Shiprocket will yield the money if you force its hands.
When i first contacted shitrocket about this issue they said that there was no issue with the package and that delivery was rejected by the buyer. THEY REFUSED ANY REFUNDS. I threatened like 3 guys who kept transferring me to their senior manager after which they got fed up and said ok we will look into it. I know Im not at fault here. As ive said, ive lost money once where I was the buyer and I did not call out the guy like OP is trying to since I assumed the risk is borne by the buyer always like common sense would dictate since he is the one asking for a delivery. Anyways, I talked to friend whos a judge and she told me to stfu so I wont be commenting any further. @mods please ban/delete/close this account as I wont be coming back. ty
 
Why don't you take the matter with shiprocket? And how does one get an insurance on shiprocket? I haven't used it extensively so maybe I missed it. If insurance isn't solving the issue then file a case against shiprocket in consumer court. Or an FIR. Shiprocket will yield the money if you force its hands.
Well, I don't think he is going to answer it so I will explain what is the problem.

First, please read the email he received from Shiprocket.

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So it's clear that the seller broke their terms in the first place so he is not eligible for any claim.

Let me demonstrate with a little extreme example. If someone sends a gun in a package which I am sure any courier company won't allow but the package got lost somehow and the person wants to claim the insurance for it then what do you think is going to happen. That's the same thing happened except the gun here.
 
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