Market Feedback I was fooled by abhisinalkar :(

[raheelshadab]

I recently purchased Nokia N73 from abhisinalkar, you all can check the thread here..http://www.techenclave.com/phones-and-gadgets/nokia-n73-music-edition-180454.html. I was told that Phone is in excellent working condition and accessories such as 2gb card, headphone,charger and data cable would be provided without mentioning that charger & Headphone are not Original Nokia accessories.

I received the phone yesterday and checked that charger & headphone are of local company, main camera is faulty and not opening up. I was fooled on TE. Seller actually fooled me by selling N73 phone with faulty main camera and duplicate accessories.

 

[ultimabasher]

I hate when you just open up a thread without contacting the seller and the mods.

 

[Superbad]

Why would you think he is selling an n73 here.
Because he could not make a sale of it in the open market.
See the estimate for repairs And look
For the feasability if you the total cost becomes for you to see the value of the deal or ask for a refund .
Plus there is an itrader rating.
Also seeing his post he said the phone had some faults.
So rest assured faults were going to increase in coming days.

 

[shravank30]

Open a dispute & write to the mods to look into the case

I am sure that if the item is not as per description, Abhisinalkar will have to take it back

--- Updated Post - Automerged ---

Why would you think he is selling an n73 here.

Because he could not make a sale of it in the open market.

See the estimate for repairs And look

For the feasability if you the total cost becomes for you to see the value of the deal or ask for a refund .

Plus there is an itrader rating.

Also seeing his post he said the phone had some faults.

So rest assured faults were going to increase in coming days.

From where did you read that the seller has said in his posts that the phone had some faults ?

I could not find any such post

The only problem i could find was wherein he mentioned that due to net problem, he has problem in posting pictures

 

[abhisinalkar]

Firstly, clear pics were provided of each and every accessories.... Also, There was no such problem with the main camera u r talking about...U can see the clear pic of the camera on the thread itself....

U asked me to PM u stating "I will be held responsible if nythinbg goes wrong during shipping the stuffs". I did that too.

If i can do that, there is no way i can send u faulty stuff.... I dont want to spoil my reputation here on TE by sending u such stuff.....

Also, since u have opened the thread, i will request you to please post your queries here itself rather than sending me sms....

--- Updated Post - Automerged ---

@ ggt for ur kind information let me tell u that i had listed this phone on ebay @ 3500 rs. with shipping charges and i was getting the offers. But @ that time i needed money urgently. This fellow asked me to remove the listing from ebay so that he will buy from me. I could have easily sold that mobile locally to. But i thought of selling it on TE. I dont think like you ... If product doesnt sell locally ... list it on TE lol

 

[Superbad]

^^Just kidding mate.
I wanted to say if the seller did not respond to your queries then open a thread .
It was pointless of him to open the thread.
Do not know i had seen a market thread mentioning that the D pad had some problems.
Might have mistaken your posts with someone elses

 

[abhisinalkar]

he directly opened the thread without informing me y'day night .... sent me sms @ around 11pm to inform the same

also ... if i had guaranteed him that anything bad, damage happens to the mobile in shipping, i will take all the responsibility then y the hell would i send him the faulty mobile ?????? Think man if u can

Also i want to mention one thing .. see the pics in my selling thread carefully. He should have asked me before buying if he had some doubts about OG accessories. If anyone goes carefully through the pics he can see that headphones are not original. And they are local but not that cheap. I have spent 250rs. on headphones and 350rs. on mobile charger. I was also using them before. And in my thread i have not mentioned newer that i am providing OG accessories except Nokia N73 Mobile. Buyer should have seen that before buying or should have asked me the same to clear the doubt.

And please expect delays in response. I dont have net facility 24x7 now.

--- Updated Post - Automerged ---

and I AM TELLING THE BUYER TO STOP SENDING ME SMS NOW SINCE HE HAS OPENED THE THREAD. WHATEVER HE WANTS TO SAY, SAY HERE.

THERE IS NO CHANCE OF TAKING BACK THE MOBILE PHONE. I WAS SUSPICIOUS BEFORE MAKING A DEAL WITH RAHEELSHADAB SINCE HE TOLD ME TO TAKE RESPONSIBILITY OF MOBILE SHIPPING. IT WAS MY MISTAKE THAT I DID A DEAL WITH YOU WHICH WENT WORST.

 

[apextwin146]

Please do not try to act smart here. Incase you knew that the Accessories arnt Original you should have clearly mentioned in your thread the same.
De facto assumption is Original unless specified otherwise.Do not blame the buyer that he should have made out from the Pics that it isnt original ,Its quite unreasonable and points to the fact that you were consciously trying to decieve from the start by withholding information.

 

[madnav]

i can not determine whether accessories are original or aftermarket from pics in the thread.

the buyer can't do anything about that since the aspect was discussed prior to sale.

De facto assumption is applicable to New Boxed items and not out of warranty products.

the only issue remains is about the camera.

if seller has agreed to take responsibility of shipping fiasco and if it indeed is shipping fiasco then that is one of the terms of sale.

it is plain stupid to agree on taking full responsibility of shipping fiasco from seller's point, there is insured shipping' for that matter and it is upto the buyer to pay for it if he wants.

But it is too late to debate on that now.

so the problem remains with 3 options

a. Seller sent faulty item

b. The item developed a fault during improper shipping

c. The buyer Received the product in good condition but ruined it as he wants a refund due to aftermarket accessories. (i dont see any other reason why he would ruin it, that is if he wanted to)

now,

a is fraud from seller's end.

c is fraud from buyer's end.

b is the compromise option which would render neither of them fraud.

so buyer and seller, if you really want to solve this then try to prove a or c

and if you can trust each other to eliminate options a and c then please start working about option b from now; otherwise this is just going to be another blockbuster on TE with no real and satisfactory ending for either of you.

 

[nRiTeCh]

Dude you cannot make out in the images that the stuff is original or fake. No matter you click the snaps with a 100Mp camera. You have to mention it in words.

Remember, dont blame the buyer. They are customers and they will eat your heads with hell lot of questions and xyz things. Its you responsibility upto his satisfaction. You have to be polite with the deal. And if you were so suspicious about him then its now truly your fault abhisinalkar that inspite of knowing it all you fell in the well. It was your duty to duly clarify each point to raheelshadab which you failed to do so.

It clearly states you wanted to sell somehow to anyone; quick & rough as if you are selling in a local market where the rule is --Sell and Forget!

 

[abhisinalkar]

Please do not try to act smart here. Incase you knew that the Accessories arnt Original you should have clearly mentioned in your thread the same.

De facto assumption is Original unless specified otherwise.Do not blame the buyer that he should have made out from the Pics that it isnt original ,Its quite unreasonable and points to the fact that you were consciously trying to decieve from the start by withholding information.

Its not about acting smart here. I am not providing him mobile in OG box so that he can assume to get OG accessories.

I have mentioned it is out of warranty and not providing it in box and bill.

Also when you buy nething on net you should be aware of wat u r getting ... those things are OG or not. I know i did a mistake by not mentioning them on the thread but he sud have also cleared it before buying.

Let it be.

I just contacted buyer and we have agreed on option b as madnav suggested. So working out on that.

But i just want to say that he should not have opened the thread like this. May be he was tensed and felt cheated tats y. Let it be.

Thanx for all ur help and comments

 

[siril_k]

Seller should have mentioned that Accessories are not Original Nokia acc, it cannot be determined by pics.

Camera may have been damaged in transit, also seller assumed full responsibility of shipping damages so there is valid reason for buyer to get refund.

as far as buyer creating a fault in camera its highly unprobable bcoz even i had a N73, camera cannot be ruined except for some serious physical damage to it, also sometimes the camera gets stuck even when we open the shutter/sliding cover of camera, so we have to manually open the camera app, this is a mechanical problem in the back cover.

All in all IMO buyer should send back the phone & get refund (Deducting the shipping charges)

 

[Gannu]

a is fraud from seller's end.

c is fraud from buyer's end.

b is the compromise option which would render neither of them fraud.

Option b is more like BS! Trying to play the devil's advocate are we?

This is clearly the seller's fault. He did not mention that the accessories weren't original and now he claims that the buyer should have asked him about this prior to the sale. Not providing an original box does not entitle the buyer to get original accessories as per the seller! So what if we do not have the original box?

Besides, I'd request the OP to pass him a negative itrust rating even if the matter is settled. This is clearly the seller's fault.

 

[sudan_rulz]

@OP: U received the phone yesterday evening and u started the thread without letting him know the Cons abt the phone...
I think, b4 opening the thread u should have informed the seller abt the same and given him a chance and then opened the thread stating the cause.....

 

[shravank30]

Option b is more like BS! Trying to play the devil's advocate are we?

This is clearly the seller's fault. He did not mention that the accessories weren't original and now he claims that the buyer should have asked him about this prior to the sale. Not providing an original box does not entitle the buyer to get original accessories as per the seller! So what if we do not have the original box?

Besides, I'd request the OP to pass him a negative itrust rating even if the matter is settled. This is clearly the seller's fault.

Well said!!!

It is the duty of the seller to point out all negatives on the item as this forum is not for business.

We buy & sell on trust only

If we follow madnav advice then every sale would require filling a 100 page questionnaire

 

[m-jeri]

^^

As far as the original accessories and what nots are related, if the seller is guilty so is the buyer.

If u can ask why didnt the seller said so, I ask why not the buyer asked it first hand?.

No, it doesn't go any other ways.

And why all the huppla? didnt the seller agreed to refund? :S

 

[shravank30]

^ If the seller has agreed to refund..it closes this issue.

But the bigger issue of any one selling used items should be transparent to what extent remains open

The mods should set the guidelines so that such issues should not crop up.

IMO if any accessory or part is not original or any defect in the item , it is the duty of the seller to inform the same in the sale thread.

 

[abhisinalkar]

tats what i am telling guys ...

if he wants to give me -ve rating then he can .

Just calm down.

We will handle this.

Lets not take it further.

--- Updated Post - Automerged ---

There was no problem in the phone. I can say this now also. I dont know what went wrong.

 

[m-jeri]

any one selling used items should be transparent to what extent remains open

I agree to this 100%.

But its also human to miss r8?. just coz he did that doesnt mean he runs a old-gadget-rip-off-mafia or something. If u think that its wrong

then seller also did as much as mistake by not asking abt that. after all his money is involved.

As much duties/DO's/DONT's are there for sellers, there are some for buyers also.

 

[madnav]

there has been a misunderstanding.

when i said..

De facto assumption is applicable to New Boxed items and not out of warranty products.

what i meat was that one should not assume that 2nd hands product will come with fake accessories neither am i promoting that.

im just trying to say that one should not assume the default, default being the fact of getting original accessories always when you purchase even 2nd hand merchandise. It becomes buyers responsibility to discuss these terms prior to deal.

The goods, when sold as new and boxed are bound by the warranty terms and content list of the box; which make it a default to expect original accessories unless stated otherwise.

but 'unless stated otherwise' part does not logically or legislatively apply to merchandise without terms and contents of 'boxed' labelling.

There is a reason why things are advertised 'box packed' , 'original boxed' , 'open boxed' etc etc and that is not because the original box has any monetary value or psychological effect.

I'm in no way trying to advocate fake accessories, it is unethical on social terms but we can not use social and ethical terms to discuss legitimate issue. it is a matter under Caveat Emptor because it is not obvious regarding 2nd hand merchandise.

Note: Above response was with respect to situation and i have no inclination towards proving either of them right or wrong. The reply is to clarify my pov about Defacto.

Ethically speaking, seller is at fault if he has committed to take up complete responsibility of the shipping and there is virtually nothing to prove the buyer guilty.

But legislation doesn't endorse ethics, it endorses terms and conditions.

I will request members to take this in good spirit and discuss terms and conditions prior to deal, Ethics are matter of perspective, just like morals; one may have different than others. So do not leave everything to ethic when it comes to dealing, it is for your safety that you should clarify the terms and conditions of any agreement prior committing to it.

i personally wouldnt bundle aftermarket/non standard stuff without mentioning it.

i think seller has recognized that as his fault and it is good on buyers part that they are discussing on option B to find an alternative.