Dear All,
We manufacture hydraulic machinery & equipments.
One person had placed an order for our hydraulic machine on 18/01/2012
The delivery of the machine was due within 4 to 6 weeks.
The goods were ready as per the delivery commitment and we sent the Performa Invoice to the party to release balance payment and take delivery.
The party paid made did not make the balance payment, instead gave some more token money due to lack of funds and said will deposit the rest in a couple of days.
Till now we have received only about 50% of the total payment due.
After about one month of waiting, we called the party again. The party started giving excuses of death in family, unwell etc. Then we kept quite some more time.
After a couple of weeks we again called them, but he did not pick our call.
Lately we sent them reminders by Regd AD, Speed Post as well as normal post. All letters returned back to us with comments from the postman the factory is shut.
Now, we want to take either of the following actions against them:
1. Party should take delivery and make interest payment on the balance amount
2. If party does not take delivery, we would like to forfeit the advance.
We would like a legal opinion from the esteemed members of this community, so that we can resolve this matter in proper legal manner.
As everyone is aware that most civil matters pertaining to consumer have the jury inclined towards the consumer than to the suppier/service provider/seller
Await your replies soon.
Thanks & Best Regards,
Anant Karnani
