Claim ID : 872572. Now at loss of 2800 rs. Can someone please help/guide me..

I purchased an titan watch worth 2550rs from ebay on Feb 02. Item and purchase details are given below. Seller shipped it and I received it on 09-Feb-15 and it turned out it’s a used watch which was shipped on another watch’s box. The watch had repair tags and scratches on side as well. I paid for a new item only as the seller listed it on the page. I immediately raised an ebay claim with in 3 hrs of delivery.

After 3 days ebay updated their portal on 12 Feb 2015 and requested seller to provide update on the same. They graciously waited 7 days and on 19th did a conf call with seller and advised me to ship back the item so he will give ship another watch. I wasn’t ready for the same but they convinced me that I have no other options left. Also ebay promised me that they will reimburse the courier charges.

I booked the item with insurance on the address ebay provided on 21-feb via DTDC AWB – B18755174. I had to spend another 255rs for the same. Bills and POD are also attached. On 25th DTDC updated that there was a rescan done at their end and provided new AWB D21665440. I uploaded the new POD on the portal on 25th. The shipment was delivered on 26th and again ebay waited for 5 days for the seller to confirm the item reception which never happened. They were trying to make sure that I won’t be able to raise an insurance claim as they were going to cheat.

On March 1st I got a call from ebay and the lady updated that your claim is approved and I will get my cash back on the paytm wallet though which I paid it. She also promised that they will send ebay coupon worth 255 for the shipment charges. 30 mins later she called back again and advised that there is some overwriting in the POD and needs declaration from DTDC that there was a rescan done at their end. So I ran back to the DTDC shop and on mar 3rd emailed the Declaration from DTDC that they cancelled the old POD and there was a rescan done at their end. Its attached as well.

On the same day I got call from ebay claim department that they have not received the document. I emailed them from 3 of my gmail accounts (including the registered email id) at least 10 times and they weren’t able to see it!!. On 4th ebay team called again and said they haven’t received it yet. I contacted the toll free number for ebay and spoke with agent sradha and supervisor Jipson and as per advise updated my email id and send the document again. I requested them to upload or share the document to the agent MR.Shailesh who was working on my claim form ebay side. On 2 O clock I got call from Mr. Shailesh and he said the POD declaration is not vaild and they will close the calim.

After arguing for 40 + mins he put me on a conf calls with seller and the seller is saying the package he received didn’t had the watch!!!. Ebay took his word and disconnected the call and closed my claim in favour of seller. Now I am at loss of 2805 rs and the mental trauma happed for the last 1 month. Please check with these cheaters and help in giving my hard earned my money back.

Now I am at loss of 2805 rs and the mental trauma happed for the last 1 month. I am working in a company and was constantly pushed to meet their deadline os 48 hrs while they were giving ample time 7 days for the seller to respond. My questions / concerns are.

# Why do Ebay support a seller who is shipping a used watch on the price of a new one and listed it as new. From the snapshot itself it’s clear that he was trying to cheat an why were they not reimbursing my money and stubborn in providing replacement. How law can help and take action against this.
# Ebay advised me to ship the item back to seller (email attached) and promised to give me back the cost as voucher/coupn. They are mum about that now. What about my 255 rs which I spend for courier. This happened only cause of a cheater whom ebay is giving a platform to continue his fraud business.
# Why didn’t eby or the seller raised concern that there wasn’t any watch on the shipment I booked. He was making sure that I lose the opportunity to raise insurance claim with DTDC as he know he was cheating. If I had a chance to raise insurance claim with DTDC it would be clear that the package was delivered fine and seller is cheating. DTDC doesn’t entertain insurance claim after 3 days of item delivery. Why do ebay support that.

Item listed in ebay under http://www.ebay.in/itm/171665641518?ssPageName=STRK:MEWNX:IT&_trksid=p3984.m1439.l2649
Which stated the watch was brand new and comes with own box.
Item Titan Tagged 1586SL02 Black / Black Analog Watch Men (Black) 1586SL02
Paid 2550 using PaisaPay on 02/02/15 for the item via paytm wallet.
Trxn id
Claim ID : 872572
PaisaPay ID : 38532489450
Seller-id gautamco
Representative worked from eby claim dep – Shailesh.
Ebay calim department calling number +912261322300
Ebay gurantee claim-id http://eguarantee.ebay.in/eg/ViewClaimHistory?claimId=872572

Service requests raised with ebay to get this resolved
SR# 1-43449186352 13-Feb-2015 12:00
SR# 1-43644164650 17 feb
SR# 1-43767369578 Meghna Supervisor Deepak
SR# 1-44532790738