How can a dealer get his supplier fulfil warranty clause if dealer's customer files a suit
A N M K D SARMA
(Querist) 29 November 2015
This query is : Resolved
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
Kumar Doab
(Expert) 29 November 2015
In court you can appear as Party in Person, thru a lawyer or seek support from Distt.Legal Authority.
Place the facts before court.
Better let an able lawyer defend you.The fee may not be that high.
Rajendra K Goyal
(Expert) 29 November 2015
Better take help of a lawyer and defend the case against you.
A N M K D SARMA
(Querist) 30 November 2015
Dear Sirs,
Thanks for your advice and sent my response today which can be accessed at https://www.sendspace.com/file/ugda9c and kindly let know your views so as to help me kind of suffering green entrepreneurs
Thanks & Best Regards,
N.M.K.D.Sarma Ambatipudi
M: 7382119745
