followed the bank's advice, but i am being accused now and getting the run around

[jackedupartist]

I bought a product, on a retail price, no discounts in India when I went for a vacation using my visa card, that comes with purchase security (3 months) and extended warranty insurance.
The product failed in the 2nd day and my tech savvy friend confirmed that this product is busted and I should return it. Then I pulled out the bill, and at the bottom of the bill I notice that no returns accepted policy.
I took it to the store, and told them that hey guys you remember me I bought it 2 days ago and just had a chance to use it now. And I see that the product is not functioning. Can I please exchange it for something else in your store or get a refund. They laughed at me and sent me home saying as soon as they sell its none of my business. Try selling it to someone, for half price. But it was unfair. Going after the manufacturer is hard in India because unlike Canada nothing is regulated. It could take days or months and at the end of the day even if they took months, I will get the same product that failed in the 2nd day.

So I called up VISA dispute section, and got an agent who said, well I see your point and yes we have a case and no policy matters when the sold merchandise is defective, they should take it back. But I explained her it sys no returns whatsoever. She said its fine, make sure they get the product back cuz we cant proceed any further if you have the product in your posession. So I told they refused to let me return. And the only way is to ship it to them and get a tracking number and delivery confirmation. The VISA agent told me to provide them all. I did what I was told to do from India, and provided them everything. I was given a temporory credit. Now, after 4 months, I received a letter from the visa saying you only have 2 days to respond, if you dont we will close the case and re debit your account. It was a friday, sending it to them and making it reach is gonna cost me money for express post. I did it anyway.

After a month from this (I am back in Canada), they took the money out of my account saying sorry, the merchant says he didnt receive the main player so we cant refund you.
I don't understand how they came to the conclusion that the merchant did not receive it. The merchant is lying that he received the package but did not receive the main player in it, I could imagine he is pulling of a scam that since there is a delivery confirmation, he cant deny the fact that he received the package. but instead lying that he didn't receive the entire content, so it will void my tracking history. I can only send it, he could take it from the box toss it off and claim he did not receive it.
The worst thing is, the bank says if he denies he did not get it, we cannot do anything else for you. That is final.
My point is, if it is such a weak strategy, why was I recommened by the bank to do this. If I at least had the product with me, I could have gone with my second option, that is purchase security insurance for 90 days, and claim defective money by surrendering the product to the insurance company.

Now the merchant has the product and my money, and the bank offers me no help and not taking responsbility for the fact that they asked me to send it to the merchant. I am getting the run around and they think I never sent the product and lying. I have been with this bank for years and years and maintained a good record.

The amount is only about 240 dollars, but right now it is not about the money. Do I have a case? please advise?

[AFFA]

I wish to inform you that in India if you had sent the item back to the merchant by INDIA POST or Courier Post with tracking number then the receipt would clearly state the weight of the packing electronically measured. If the weight of the item and packing is equal to the actual weight then the merchant cannot claim that he received the item with a missing content. You may show to VISA the postal receipt or courier receipt and the weight stated thereon to show your viewpoint. If VISA does not resolve the matter, then you may file a lawsuit in the Small Claims Court. The court will consider all the facts and decide the matter.

AFF

[jackedupartist]

Thanks thats a very good point.

To add more, I have the receipt, proof everything. The CIBC VISA agent I talk to is supposed to support me the customer of his bank. Instead he says things like, well you might have just sent an empty box... WHY WOULD I DO THAT? Do I not have anything better to do, other than pulling a scam for 240 dollars, after being with them for so long? How absurd is that, going to a post office with an empty box. Before I could even respond to that, he immediately changes the topic and says something, for example...

He says, well you could have just sent an empty box...I go..no but...he interrupts and changes the topic, NO! what I don't understand is that why didn't you go to the manufacturer.

And then goes back to the fact that its written in the invoice that no return policy! Period!

No matter what I say, it keeps going on from empty box, going after manufacturer, and then no return policy.

He doesn't know how things work in India, and completely disregards the fact that I ONLY SENT IT or THE REASON I DONT HAVE THE DEFECTIVE PRODUCT (at least worth half the price - said the seller) is the fact that I was informed by the CIBC visa dispute agent to send it to the merchant.

What are the protocols for doing a small claims court appeal? How would it affect a merchant who is not even in Canada?

I now feel like I want to switch my bank and NEVER EVER use my credit card to purchase things..why do we even use the credit card and pay extra interest if I dont get the basic sense of security.