Legal Question in Consumer Law in India

I have sold a Canvas Painting through e.Bay.in (an online worldwide store) for Rs.1500/ . I did currier the painting in excellent condition to the buyer of my product .

It was supposed to reach the buyer within 2 to 4 days as I paid for Flight courier. Now please see the following points -

1) It reached to the buyer after 10 days after making lots of calls to courier agency

2) Buyer received the Painting broken into 12 pieces.

3)Buyer raised the claimed and I had to pay back as per rules of e.bay.in

4) I asked the courier agency for such delay in service and mishandling and they refused to answer any question and said its not our fault and said your item may not be properly packed.

5) I replied that If it was then you should have refused to take or should have guided us to properly pack. I asked my losses to pay back me Rs 1500 and Rs700 courier charges.

6) They are denying and even not answering my calls.

KINDLY GUIDE ME WHAT SHOULD I DO . I HAVE LOST MY PRODUCT , MONEY AND EVEN CUSTOMER AND REPOTATION IN E.BAY.

PLEASE ADVISE. THANKS


Asked on 7/28/13, 11:55 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.07.2013

Dear Sir / Madam,

Your line of arguments are correct. It remains the responsibility of the courier company to deliver the painting in time and in the same condition as it was when it was handed over to them. You should go and meet the MD of the courier company and lodge your claim in writing adding your value to the painting and an amount for loss of reputation at ebay and if she / he fails to amicably resolve your grievances, you should lodge an FIR against the courier Company in the local Police station.

Regards,

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Answered on 7/29/13, 12:34 am
Amit Shukla AS and Associates Legal Services

You can file a complaint in the District consumer Forum against the courier company for deficiency in service. And also for seeking the damages.

Regards

Amit Shukla

Advocate & Legal Consultant

AS & Associates Legal Services

www.asalegalservices.com

mail: [email protected]

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Answered on 7/29/13, 8:21 am


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