Folks, Thanks for your time and your inputs. Here are my responses to the queries
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Originally Posted by bravo6 If you paid by credit card, call your bank and ask for a charge back on that transaction. Show them Bluedart's letter if they ask for proof.
If eBay is claiming the item was delivered, ask them to show proof - packages will be handed over only upon signing the delivery slip.
Last resort, get a friend in Mumbai to hire a local lawyer and fight the case there. |
@bravo6, yes, I paid via my credit card and I reported the incident to them and had them raise disputes, twice, one before I contacted Blue Dart and the 2nd time after Blue Dart confirmed in writing that the goods did not travel through their network. In both the cases they have closed the dispute in the bank's favour stating that the transaction in question was genuine and that they cannot be held responsible for non-delivery of goods. They have sent me a bunch of papers to prove that I initiated the transaction, this is quite baffling because I never challenged the authenticity of the transaction per se, i have mentioned that my issue is that i did not receive the goods.
Good suggestion on engaging a lawyer in Mumbai....will give that a try. thanks!
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Originally Posted by saket77 Brings me to a question...in fact, I always think about it when the order is prepaid. What if the courier delivery guys or anyone else just puts your initials on the delivery receipt paper that they carry and take your stuff? Since the order is prepaid, this can be easily done, isn't it? And then the sellers can always show the other person's signature as proof of delivery. How would you prove that the delivery was not taken by you? If the signature does not matches your original signature, the seller can always claim that you had the intentions of cheating(?) |
@saket77, There is no instance of signature fraud here, neither eBay nor ICICI bank has given me the delivery slip with any signature on it as a proof of delivery, this is in-spite of me repeatedly asking for that information.
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Originally Posted by Sankar If the item has net yet been shipped, then it will be marked as not shipped in the paisapay page. What does it show there? If it has not been marked as shipped then how did the payment go to the seller.
Or is it that the item was marked as shipped in paisapay with a tracking number but you didn't receive it?
If ebay is not doing anything about it do not wait any more and raise a charge dispute with the bank. Do not wait, do it now! First you email them from within your netbanking page (if you have that option) and you should get a reply within 24hours. They will ask you to send them a credit card charge dispute form. Send them the dispute form alongwith all details including printout of emails (if necessary) along with the charge dispute form. The letter from bluedart is important and should be included.
I feel that the bank will close this dispute in your favour. |
@Sankar, good point on the shipment details update on PaisaPay page. I'm attaching a screenshot of this page and as one can see the shipment details is missing and the status is shown as Not-shipped. I have given this information to the bank and also to eBay, both of them seem to have ignored this important piece of information in their investigations.
As I have mentioned above, I have raised the dispute with ICICI bank. Unfortunately, the investigation is not thorough and my issue remains open. I didn't mention before but the transaction took place in September of 2013 and i have been going through this ordeal for sometime now.
I was hoping that ICICI will try to protect it's customer's interest and was banking on their influence to resolve this issue after eBay stopped responding to my queries. Unfortunately, that's not the case and i have been caught up between in the tripartite mess and each one pointing me to the other and making me run around to prove my case.
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Originally Posted by speedmiester Please share the seller's detail as well, a negative word on the social media about the seller will hurt their reputation the most. |
GRDSTORE in eBay.in
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Originally Posted by binand Disclaimer: I am not a lawyer.
When you claim in a lawsuit that your e-commerce order was not delivered, you are accusing the vendor of cheating. As with all legal matters, there is a presumption of innocence until proven guilty; so you need to prove the guilt aspect. This will be tough, as the sections of IPC dealing with cheating all require you to prove intention to cheat - which the vendor can easily refute by showing that they have shipped your order within a reasonable amount of time after receiving payment for it. Depending on the contract between the vendor and the courier, it is quite likely that the court will find that the vendor is not responsible for pilferage by the courier's agent.
So the better option for you is to sue the courier company. Here you are on surer footing, as they cannot escape liability for the actions of their employees. You will produce letters, cheques etc. that you routinely sign to show how your signature looks like, the court will then take a look at the signature on the courier's documentation and will probably decide the case in your favour. The courier company can then sue its employee, but most likely they'll just absorb the loss, fire the fellow and proceed as usual. If the courier company counter-sues you claiming that you intentionally made a false signature, the onus is on them to prove this assertion - which they probably will not be able to (unless the field staff have GPS-enabled devices and the recipient's location has visitor registers and CCTV coverage etc.).
Practically speaking, all this legal activity is expensive and not good for the brands concerned; so the e-commerce vendor will simply refund you and absorb the loss. They will change couriers if such issues persist with their current vendor. The competition in the field, the fickleness of brand perception and the ease with which reputations can be destroyed keep everyone concerned honest by if nothing, compulsion. :-)
Yet, the occasional Timtara does emerge. |
I have not considered suing Blue Dart because they have been very cooperative and provided the information i requested for. I sent an email with the top management in copy and within 2 weeks they came back stating the goods were not handed over to them and hence not delivered and that i should talk to the eBay seller and follow up.