Criminal action against the vendor
N.J. MISHRA
(Querist) 03 September 2011
This query is : Resolved
DEAR MEMBER KINLDY GUIDE;
WE HAVE OBTAIN CERTAIN SERVICES FROM ONE OF OUR VENDOR IN THE MONTH OF MAY - JUNE 2011. THE SAID VENDOR ALONG WITH ONE OF OUR EMPLOYEE HAS CHARGED MORE MONEY. WHEN WE BECAME SUSPICIOUS ABOUT THIS, ONE OF OUR OFFICER VISITED TO THE VENDOR'S OFFICE AND INTRODUCED HIMSELF AS AN OFFICER FROM SOME OTHER COMPANY AND ASKED FOR THE QUOTATION OF THE SERVICES WHICH THE VENDOR HAS PROVIDED TO US. THE SAID VENDOR HAD GIVEN THE QUOTATION OF THE SERVICES W.E.F JULY 2010. AS PER THE SAID QUOTATION HE WAS CHARGING MORE MONEY, HOWEVER THE SAID QUOTATION IS NOT PRINTED ON THE VENDOR'S LETTER HEAD NOR DOES IT BEAR ANY STAMP OR SEAL OF THE VENDOR EXCEPT SIGNATURE OF ONE OF THEIR EMPLOYEE. ON THE BASIS OF THE SAID QUOTATION CAN WE ESTABLISH OUR CASE TO INITIATE LEGAL ACTION AGAINST THE SAID VENDOR. IS THERE ANY POSSIBILTY IF THE VENDOR SAYS THAT THE SAID QUOTATION WAS NOT ISSUED BY THEM
Sankaranarayanan
(Expert) 03 September 2011
your question is not clear, you explain little more then we can able to answer you
prabhakar singh
(Expert) 03 September 2011
If the service(untold by you) and its charges are not regulated by any enactment or if there is no similar establish practice then it is dependent upon mutually agreed and hardly any effective relief would be available.
PARTHA P BORBORA
(Expert) 04 September 2011
AS THE SAID QUOTATION WAS NOT WRITTEN IN THE VENDOR'S LETTER HEAD NOR DOES IT BEAR ANY STAMP OR SEAL OF THE VENDOR YOU SHOULD NOT TAKE LEGAL ACTION AT PRESENT ON THE STRENGTH OF THE SAME.YOU SHALL NOT BE ABLE TO ESTABLISH YOUR CASE ON THE BASIS OF THE SAID QUOTATION.HE WILL SIMPLY DENY IT. SO PL COLLECT A QUOTATION IN HIS LETTER HEAD OR IN A PRESCRIBE FORMATE FIRST.
R.Ramachandran
(Expert) 04 September 2011
I am not able to appreciate the contents and import of the query.
But according to my understanding, the vendor gave some quotations to you in July 2010 and since you agreed for the rates quoted he supplied goods/services to you.
Subsequently, you found out that he was charging more to you.
When you say he was charging more to you, do you mean to say that (i) he was charging more than what he quoted, or (ii) his original quote itself was exorbitantly on the higher side.
If it is the case of (i), naturally by showing the original quote which was accepted by you, you can confront him by the bills raised by him which are higher than what was quoted to you and ask for the refund or adjustment in future bills.
If it is the case of (ii), he is entitled to do it. You cannot complain having accepted the quote. At best, you can stop buying the goods or availing the services at that higher rate. That's all.
There is no criminality involved in the whole affair.
