eBay India — Non delivery of items and no refund

Address:Mumbai City, Maharashtra

I bought an item online on Ebay. The seller didn't ship the item and my refund request was initiated. However the refund request was put on hold. It's been more than 35 days since I bought the item and I am yet to receive it. The customer care has been pathetic. I have tried contacting them through chat, through email and through phone as well. I even opened a case no. 115169, but now when I search for my case it shows there is no such case available. The customer care does not reply to my email messages, and I cant open a new case or even find the existing one. Whenever I try to open a new case through the resolution center it says "You cannot open an Item Not Received case. You paid for this Item with PaisaPay." When I called the customer care, everyday they say the same thing that within 24 hours you will get a call back regarding the status of shipment. I guess I have nowhere to go but file a case with the consumer court.
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Same case with me...can u tell me how to open consumer case ?

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