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Easing of compliance norms under Companies Act

After commencement of various provisions of the Companies Act, 2013 and rules thereunder, various issues received from Industry Chambers and stakeholders were examined in consultation with stakeholders. In order to address the issues received, certai

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How can a dealer get his supplier fulfil warranty clause if dealer's customer files a suit

Posted by A N M K D SARMA

I deal with solar products and did a project for a customer by buying various components like solar modules,inverter,batteries,etc.

However inverter gave trouble during warranty period against which complaint was made and inverter supplier went to customer's place and repaired but later again failed due to which solar modules got burnt and then system was non-functional.Customer has not yet made full payment

Customer first filed a case in consumer forum and I as a dealer gave the facts and finally it was dismissed against plaintiff(customer),saying he is not a customer as per consumer law.Then he filed a civil suit in Civil Court.

Now I have received a court notice signed by Civil Judge and Plaintiff's Advocate under Plaint-Section 26 Order VII Rule 1 of C.P Code.

First of all the notice was signed on 20/11/2015 and sent by RPAD which was received by dealer's family member on 26th whereas in the notice it was asked to appear before the court on 25.11.2015.Please clarify

1.How to respond first-directly or through an advocate and my financial condition is very poor due to losses incurred in the business

2.How to proceed now to prevent summons from court as my family expressed fear

3.How to ensure solar modules supplier and inverter supplier get implicated in this as I have not done any mistake but it is due to their inability,system has failed as I have neither manufactured solar modules nor inverter but just used as part of final system integration which is also done at site and worked for some months satisfactorily.

Tried to attach court notice but unable to do for unknown reasons

Kindly help me

Best Regards,

N.M.K.D.Sarma Ambatipudi

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Updated on : 01/12/2015 14:08:03

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