For future reference... Was it recorded delivery? If it wasn't, all you had to do was pretend that you hadn't received it and eBay would have ruled in your favour 100% because the seller was unable to provide tracking info. I've had this stunt pulled on me so I won't send any ebay gear unrecorded. It really is a jungle out there.
It is not right but neither is selling someone an item that's not fit for purpose so fook him.