Consumer protection from online auction frauds through shopping websites, like ebay. item nt receivd
KANCHAN
(Querist) 05 August 2012
This query is : Resolved
Respected Sir / Madam,
I am Kanchan sharma from India. Please Help Me From the Loss of 12000$. Fraud Ebay seller is still safe and Happy with the money he received and never shipped the Item, but innocence buyer is dying Due to such huge loss. Ebay don`t want to help at all , eBay and Fraud eBay seller is not replying of my Phone calls and Emails.
Product Not Received, Not Refunding $12000, Suspended My Account - I want your help to save my hard earned money. As decision of eBay against my refund request (given in the favor of seller) can ruin my whole life. I got neither the product nor my refund. On 16 June 2012, I bought a 250 gm Gold Bar from US eBay on winning an auction with full confidence as I had full trust on their risk protection Policy. I followed all the steps that were required to get buyer protection carefully which proved that my purchase was covered from fraud or disputes, and I made the payment through Moneybookers payment gateway instruction received by eBay.
On 04 July,When I did not received the Item after finsh time line, I escalated case to eBay customer support resolution center for refund. On 06 July, eBay made a decision in favor of seller and denied my request of refund. On 06 July, I made an appeal on eBay buyer protection center to reopen my case for right justice and reason to deny my request of refund when my purchase was fully covered from risk. On 07 July, eBay again denied my request of refund and explained the reason that few days back, eBay suspended my eBay user account due to some rules breaching activities and due to suspension of my account, I am not eligible for refund.
I asked eBay to explain about what kind of activities they found and why they suspend my eBay account. They replied through phone support that I was keeping more than one eBay account and sold an item from my account to my linked account and that is the fraud for eBay which I never knew. That eBay user agreement has a provision that a person can keep more than one account also their link person can buy an item from seller but they cannot bid or leave feedback and no one linked to me left feedback. Also, I listed my items as Fixed Buy It Now price so no one can bid on my listing too. I paid for all my purchases so what was out of the rule? Why did they suspend my account and not consider my poor condition and my huge loss? Ebay denied to provide me the details of violation in Written . There is no Life Line for innocence people who don`t know about user agreements ??
I declare by heart that I am not a criminal. Also, I never did any fraud or crime to anyone in my entire life. I am an innocent girl. I lost my father during my childhood and worked hard to save money. I invested all my money to buy this deal from eBay. I had a big trust on eBay and now the team of eBay is killing me by giving dramatic excuses to deny their liability. Please help. If I will not get my money back, then I don`t want to live anymore because I cannot bear the shock of loss and in this condition.
Thanks
Kanchan Sharma
Ebay user ID - kanchan96
adv. rajeev ( rajoo )
(Expert) 05 August 2012
Issue legal notice to the ebay, if they responded properly then no problem, otherwise you file a consumer case in the dist., consumer forum claiming compensation for their negligence.
ajay sethi
(Expert) 05 August 2012
for loss of rs 12,000 you want to end your life?
contact a local lawyer . issue legal notice
J K Agrawal
(Expert) 05 August 2012
Ajai Ji the Loss is 12000 x 54 = Rs 6,50,000/- but this much or even 65000000/- is not sufficient to bring back the life.
You have so many remedies. You can file a case of cheating and criminal misappropriation of property and criminal breach of trust.
You have remedy under cyber laws also.
www.bar2bench.com
V R SHROFF
(Expert) 05 August 2012
well advised by experts.
I believe, Indian Law may not apply
All dealing have risk, it increases with unknown parties!!
""Not Refunding $12000, Suspended My Account"
issue legal notice
Guest
(Expert) 05 August 2012
You have not mentiond whether you have entered in to transaction through the Indian eBay site or some international website of eBay. You have also not mentioned with what sort of violation your account has been suspended, while you have already paid the bid amount.
However, you may please go through the terms & conditions of the concerned eBay site in detail before taking any legal recourse so that you may not hit in the dark and get your case totally lost.
ashutosh mishra
(Expert) 05 August 2012
Dear Kanchan !
you seem to be a bit more excited while you bid for and now seem to be a bit more emotional for the loss caused.
Get cooled then explore possibilities of action after chewing well of sir dhingras' advise.
KANCHAN
(Querist) 05 August 2012
Sir I bought product from USA Ebay . I registered my user account on Ebay India, And Ebay have there linked website US Ebay so I got access to use USA Ebay from India by using same account.
later After my purchase Ebay India suspended my user account.
They are not giving me the reason of suspend my account in written. they just says that I made some violation.
One of there phone support executive said that keeping more then 1 ebay user account from same IP Address and sale purchase between linked account is a Violation for them.
And when I got scammed through there user`s they stated that they will not provide me buyer protection - Also they never asked to the person for refund who committed to sell and received money.
Moral of the story that I never knew about these rules, and this is not A serious crime . Being A buyer or seller I have never cheated any person on there website.
But due to my awareness if I was doing any mistake on their website they could have informed be before and they can charge me penalty for same but should have not cheat me for 7 Lakhs by stopping buyer protection when they guarantee there users to save from fraud.
J K Agrawal
(Expert) 06 August 2012
Do not be panic. You lost 7 lakh, just be ready to loose 1 more lakh to recover it and think that you have lost 8 lakh. under section 72 and 73 of Indian Contract Act, you have remedy. In case of violation of terms of any agreement, undue enrichment is not allowed in India. One can charge only reasonable loses and no More. so do not be worry about any violation of terms. Just engage a good (actually a very good) civil lawyer at your town.
Meanwhile file FIR against Ebay owners and it is enforceable in INDIA against even against foreigners.
