[Resolved]  eBay India — Unfair eBay guarantee Claim

Address:

Chandigarh, Punjab

Sir, 1. I am a registered eBay seller with the name of "Navbrain". I sold item Product Id:[protected], a Brand New, Sealed by Apple Iphone 5s purchased in the UK along with a Rsim unlock to one "amritamrit234" for Rs 44, 500/-on March 7, 2014. After receiving the item, the buyer used it for three weeks and gave me an"Excellent" positive feedback. After using the phone for three weeks, the buyer upgraded software, physically tempered the phone and damaged it. It was also taken to an unauthorised repair shop for fixing some problem. The buyer then raised an eBay Guarantee claim after 23 days o[censored]se of the product on 30 March 2014. 2. On April 3rd, a message was sent to me that read, "We tried to contact you on your registered number i.e.981401xxxx to 3/04/2014 at 15:55 to discuss your concern. However your number was ringing . At this point of time we request you to provide the resolution to the Buyer within 48 hours of receiving this email on [protected]@ebay.com, failing to which we will inform your buyer to reship the faulty item back to you and we will be forced to approve the refund to the Buyer and closing the claim in Buyers favor. Regards". 3. The same day I wrote to [protected]@ebay.com. But sorry to say I did not get any response. 4. On April 6, I got another call from Claim Adjucator Sharad Nagre, who wanted me to speak to the buyer. But there was no buyer on the line. I held the phone for 15 minutes and kept saying "hello" "hello" without any response. After this I got an email and sms saying that the eBay Gurantee claim had been decided against me. 5. I Spoke to the eBay Customer Service to raise my objection. I was promised response by way of contact by the that the claim adjucator between 24 to 72 hours. But I was not contacted. 6. Again, I spoke to the Customer Service on No [protected] and the agent said she would raise my eBay Gurantee claim as I could not do it. She confirmed that a counter eBay Guarantee claim had been raised and I was given Service ticket No 1-[protected]. I got no response as promised within 24 to 48 hours. I contacted the customer service yet again on April 17, 2014 and spoke to agent Anuradha who promised to have the matter looked into and raised yet another Service Request I - [protected]. Yet I have not received any call or resolution. 7. Now, I find that the Paise Pay invoice has not forwarded me Rs 31, 500 due towards the sale of another item[protected]. Instead in the Invoice dated April 14, 2014 this amount has been adjusted against eBay Guarantee Claim No. 453330. This is not only unethical, but also illegal. I have been penalised for an earlier transaction where the buyer lied and damaged the product and then raised a claim. Ebay Guarantee terms are very clear - (A) there is no claim admissible where a product has been tempered with and physically damaged and (B) where the buyer has option of invoking Manufacturers Warranty. 8. My objection is also to your Claim Adjucator Sharad Nagre acting in an illegal and arbitrary manner. Without speaking to me and without looking into the facts of the case, he arbitrarily decided the case against me - this is against all laws of natural justice. The product for which the eBay Guarantee claim was raised was Manufactured in the USA by Apple and sold in a factory sealed state. It carried an international warranty by the Manufacturer. There could be nothing wrong in a sealed item and even if there were, it was covered by Warranty in the UK as mentioned in the listing. There could be no missing part in a sealed box as the claim has said. Secondly, in my listing I never offered to provide any bill as it was a phone that was purchased for personal use, but sold as it was no longer required. The buyer has sent back a used, damaged, repaired and now unusable product without all the items that are supposed to be in the sealed box. I have sent the eBay letters and requests to reverse the decision and release the money for my two transactions. I have also contacted eBay on several occasions by eBay has chosen to remains mum on the issue. I need help on this and also want to know where can I file a legal case against eBay if the eBay does not resolve the issue and release the money due to me. Thanks Sincerely Yours, eBay id: navbrain Phone: +91 nine eight one four zero one two zero one three (98140xxxxx)