• About fraud done to me

I am seller on ebay.in and have sold one phone( of 23999) using ebay.in but the buyer claims that he has received the package in damaged contion so, ebay processed a refund for him. But when I received the package back to me I took the Phone to SAMSUNG Authorised Service Center they told me that power key is missing and Mother board of phone is not working- which means that this 2 things were replaced/taken by the buyer. Ebay.in is not ready to help me I think so that legal actions can be taken in this situation.
Asked 2 years ago in Business Law from Udaipur, Rajasthan
1. Though the offence is apparently committed by the buyer but it is hard to be proved.
2. in any case to put pressure, do file complaint u/s 406,420 IPC so the buyer later on may settle the case by way of giving compensation to you.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
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there is no evidence that it was taken by the buyer
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
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contact a local lawyer . get complaint drafted by him
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
It is manifest that the power key was stolen by/lost due to the negligence of the buyer. In addition thereto the mother board has also been made dysfunctional by his negligence. This entitles you to move to court against him. Although you do not have any proof of his guilt, nonetheless the buyer may come forward to compensate you once he receives court notice.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Contact a local lawyer who will do the needful.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. File a complaint u/s 406 & 420 IPC,

2. Engage a lawyer to draft the said complaint,
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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