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anand luhar (student)     07 December 2013

Busniess fraud got low quality good how to fill a case

We order 304 quality S.S pipe for our order of machine we made and dispatch the Machine to client after few month we got issue that the machine got corrisson in pipe and leakage started then we got doubt about the quality of pipe as it was just running water so how it is possible 

 

so we took a sample of pipe and got it chemical testing in a laboratiories and witht the report it was confrm that that it was not 304 S.S but below than 202 S.s a very low quality s.s pipe 

 

we talked with our supplier he said its 304 and he said he will not do any thing 

we had made full payment and bill there is written 304

 

so its a cheating and fraud we have to change the pipe for the machine and do all laour work again for fitting

 

so now we want to file a case against the supplier for cheating and get money and hassament money back due to fraud from supplier side 

 

now where we should file a case 

can we go consumer forum ? 

we want advice for it so that quick result for it can happen 

anand_luhar@yahoo.co.in

Surat



Learning

 4 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 December 2013

It is breach of agreement.  You will have to file a suit for damages.

Suri.Sravan Kumar (senior)     07 December 2013

pl check ur mail for reply.

SACHIN AGARWAL (ADVOCATE)     09 December 2013

Firstly you serve a notice upon your supplier through your Counsel demanding damages and for change of the goods and if it is not complied with, file a criminal case of breach of trust and cheating before the competant court and also a civil suit to recover compensation and for change of goods.

sanjay kumar (BE/ LLM in Corporate Laws)     19 December 2013

How are you going to prove that the pipes you used in the machine were those which he had supplied. I dont think common steel-pipes have unique identification marks or nos. so that they can be traced to the supplier.Secondly, whether the material is as per your order-specification or not, you should have checked it at the time of delivery. Once you accept the delivery then the supplier can always take the plea that you have changed the original material supplied by him with spurious material. Anyway, you have the legal option open, but be prepared for such arguments.


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