Ordered 2 of an item, seller only sent 1. Seller won't respond to messages. How do I proceed?

[usgamecollector]

I ordered quantity 2 of an item. Only received 1 in the package. I have sent the seller dozens of messages over the last week and no response.

If I open an item not receive case I would lose because the tracking shows delivered. 

I have called ebay multiple times and they keep giving me different answers (including opening up an item not received case, I told them NO I will lose)

I opened an item not as described case but I just want a refund for the item that is missing, I don't want to return the correct item I received. Is there anyway to do this with the seller not responding?

[luckythewinner]

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@usgamecollector wrote:

I opened an item not as described case but I just want a refund for the item that is missing, I don't want to return the correct item I received. Is there anyway to do this with the seller not responding?

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If he does not respond, you will win the SNAD case and get a full refund. 

I know that is not what you want, but if the seller refuses to respond that may be the best route. 

[lintbrush*]

For a Not As Described, you either get what you ordered or get your money back.  That may require you returning the game you did if the seller wants (and pays return shipping).  Partials aren't required by the MBG; buyers being made whole is.

If the seller fails to respond within 3 business days, you can "ask eBay to step in."  They may issue you a return label, but quite often they give you a refund without requiring one (amt of sale plays into it).