refund

Being unable to locate the seller to return the defective item

Q: I've bought an item on eBay and after receiving the item, I requested a refund for the money because it was not as stated. The money was returned and according to eBay policy, the seller is to pay the shipping fee for the return. I've been trying to get in touch with the seller for almost two months now but they have not responded. I would like to know what I am to do with the item I had previously bought?

Asking for a refund due to not knowing the true value of the item at the time of the sale

Q: A diamond was purchased from one Muslim diamond dealer by another Muslim diamond dealer without a diamond certificate based on both diamond dealers judgments. The seller offered to send the diamond for grading and agree on a price afterwards but the buyer chose to buy it based on his judgment rather then a grading. If the diamond grading came better the seller wouldn't receive any additional cash and vice versa. On a value of 18000 the diamond dealer then viewed the diamond thoroughly and stated a slight flaw in the diamond which both parties agreed to reduce the price of the diamond to 15000. The 15000 was paid in cash to the seller. The diamond was then sent in for grading which took a period of time. The diamond came out as a treated diamond and an enhanced colour which was not known by the buyer nor seller. Based on the certification, the diamond value is only one 3rd of the price paid. Therefore the dealer that bought the diamond would like a refund on the diamond. What should be done and who should take the loss?

Returning an item

Q: I've a question which keeps disturbing me. Before traveling to another city where my mom lives, I bought an abaya from a local shop in Jeddah for my mother. Unfortunately that abaya was not my mom's size. After 2 weeks my husband and I went to the shop and returned it but the shopkeeper was reluctant to take it back and when he got to know that it's been weeks he refused to take it back because he didn't want to give us the cash back. When my husband persuaded him he said okay if you bring back the box in which the abaya came I'd take it back. the box was of almost no monetary value and he had tons of it in his shop and usually people don't take boxes with them they just take the abaya in a bag. We had the abaya in the bag and the abaya was never worn but he wouldn't agree. He just didn't want to take it back. My husband was very polite in the beginning but then he got angry and with some argument the shopkeeper cut 10% from the original cost and gave us the cash back very rudely. My husband said to his face that bengalis are bad people, I tried to stop my husband but he was way too angry. The shopkeeper said that I'll see you on the judgment day and take my money. It's been 2-3 months but I still feel guilty. I dunno if we were at right or wrong? Should We return the shopkeeper his money or should we let it go? Usually there no conditions on return or exchange. And abayas are sold too quickly so even if you got an abaya on order you can return and it and get another. I dunno law of shariah here. I just want to know that if the money was not haram for us because my husband forced the shopkeeper.

Asking for a refund due to the purchased item being faulty

Q: I purchased a second hand aircon from a fellow Muslim brother. He promised me that its works perfectly. I took his word on it and paid him R2000.00 to install it. R1500 for the unit and R500 for installation. However the aircon did not work from day 1. I kept on messaging him for 2 months that its not working but he kept insisting it is and he continued ignoring my messages. I got fed-up and asked him to please remove it as its not working. Without my knowledge he came to the house after the 2 month period when my dad was there to repair it, and he admitted to my dad its not working. He said he will bring the parts to repair however I told him to remove it. He then took 3 weeks to come and remove it and told my dad he will do a bank transfer for the refund. A week later after messages after messages he only refunds me R1000.00 and tells me that because of his time and labour he is only refunding half my money. When I explained to him the unit costs R1500.00 as per his invoice he said no the unit was R1000.00 but when I sent him a picture of his invoice he admitted its R1500.00 and he will only refund the R500.00. It is now gone a week and he has gone back to ignoring my messages and no refund has been received. I ask you respected mufti, what must the total refund be? Should it not be for the full R2000.00 because the aircon did not work at all. Can I lay a charge of theft against this person.

Forcing the purchaser to purchase the item after giving him a refund and cancelling the sale

Q: I made an online purchase from China. The seller said that he will refund me if the product did not arrive within six weeks. After six weeks, the item did not arrive so he refunded me. However, the item then arrived after three months. I contacted the seller and informed him that it has arrived, but since I no longer require it, he must arrange collection for it. The seller said that it would be too expensive, so he is insisting that I must pay him for it. What should I do? If the seller doesn’t arrange collection then what should I do with the item?