IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Mario Kenny, et al
vs Case #:,
COMPLAINT FOR MONEY DAMAGES
CLASS ACTION IS BEING SOUGHT
JURY TRIAL REQUESTED.
Facts of the case:
Date of purchase: Dec 23th 2015
Amount paid: $242.00
Purchase Order #: 31912035
Tracking Number provided: RT308956682HK
Tracking website: http://www.17track.net
Type of payment: MasterCard
Country of Origin: China
Country of Shipping Destination: Miami Florida USA
Method of Shipment chosen by Buyer: DHL
Method of actual Shipment Chosen by Seller: HongKong Post
Name of Product: AntMiner Bitcoin Mining Machine
Plaintiff alleges the following;
I purchased a Bitcoin Miner from a seller on the Dhgate.com Website on December 23rd 2015 for a total of $242.00. During the shipping process I selected and paid for DHL as the shipper and was told by the website that the delivery date will be by the end of December 2015.
Four days after payment was received by Dhgate.com I was given a tracking number RT308956682HK and told that my item would arrive as promised, however the date came and went I did not receive the item. I literally would look for every truck which came down my street hoping that I would receive my item.
I contacted the Dhgate.com by their chat room see Exhibit 1 to inquire about my package. I was then told that the item was shipped by HongKong post instead of DHL and that the item would arrive sometime between January 11th 2016 and January 28th 2016. I was furious but I had no choice as the item was already shipped by a different method chosen by me at the time of purchase.
With great reluctance I agreed to the new shipping date and method, soon after this I began to search the internet for the name of the Seller. I discovered that the company have had several client complaints on line by buyers worldwide. See Exhibit 2, I discovered buyers had alleged that the company have shipped empty packages, packages with bricks to a client in Australia and many other varied kinds of unfair treatment by the Defendants.
Further I ventured to check the tracking number using the website of the shipping carrier which Dhgare.com provided to me. I was in total shock to learn from the carriers website that the item was shipped a full 30 days before I actually ordered the item in question, the De4fandants admitted see exhibit 2 that the tracking number was a fake and that I needed to file a dispute and make a “proposal” for settlement. I was dumbfounded, to learn that I had to make a proposal when in fact the Defendants committed a fraud on my by error or with deliberation, the Defendants have a duty to fact check the information before disclosing such erroneous information to me as I paid in advance. I quickly realised that I was not going to get not even a box of bricks for my money.
I then contacted the supplier of the item to get my money or the item. I was told that I needed to change my complaint from fake shipping tracking number to any other option to get a refund. This is the subject of this lawsuit.
The Plaintiff is a private Bitcoin and AltCoin mining consortium head off-iced in Miami Florida. The Defendants are a selling website and a BitCoin mining machine shop, situated in China.
The venue is proper as the Plaintiff purchased the item with a credit card in Miami Florida on line.