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civil suit or consumer forum or Criminal case.

(Querist) 28 August 2009 This query is : Resolved 
resp sir(s),
my client is a commission agent of agro. commoridities. before a few months he stored his goods at a ware house of a pvt. ltd.co. after sometimes he went to lift the goods but found that the goods was of a substandard quality and also live insects were found therein. he also found that no stpes were taken to protect the goods from insects or anyother kind of damages. he informed this to an authorized person of that other co. that autho.person gave assurance through e mail that they would compensate my cliend for the total loss. so my client lifted the goods. but now on repeated demands there is no headway in the matter and that other company does not pay the amount of loss. they once said, that we will pay you the total loss as soon as possible. but till date no payment has been made.
Location: my clients business is in the State A. that opposite pvt.ltd.co. is in State B. ware house in question is in State C. another ware hous of that other pvt.ltd.co. is in the same city of my clinet in state A. but the event took place at the ware house in State C.so kindly guide me what i can do in this matter can i go for consumer protection...or should i file a civil suit? if civil suit then under what heading? what are the relevant laws?..at which place the civil suit to be filed? can i lodge a criminal complaint? if yes then under which section?
thanking you in anticipation.
Sarvesh Kumar Sharma Advocate (Expert) 28 August 2009
it is a case of negligency and perfect case for consumer cort.
Jayashree Hariharan (Expert) 28 August 2009
you have to approach the consumer forum only for damages and compensation.
Guest (Expert) 28 August 2009
I differ with the experts opinion. (Please correct me, if I am wrong). This case does not fall under consumer act, since the purpose of the person who has utilised the services of warehouse is for 'commercial'.

On the basis of e-mail assurance, you can lodge the criminal complaint for cheating.

Further, the individual can seek damages through Civil Court also.
Arul Kumar (Expert) 28 August 2009
It is a breach of contract under civil law.
A. A. JOSE (Expert) 28 August 2009
It is not clear as how the goods would become substandard merely on account of storing in a warehouse. Perhaps your client might have stored substandard goods in the warehere. Further, you needs to state clearly regarding the terms and conditions of the deal between your client and the warehouse. A definite opinion can only be possible after perusing all relevant details please.
Bhumik Dave (Expert) 29 August 2009
If any type of agreement was made between both of u? If yes clarify the conditions otherwise u file a civil suit in any court either ur clint city or where any office of compani's situated for compensation under law of torts
vinjamuri ranga babu (Expert) 29 August 2009
hi,
as per your query, it seems the transanction is a commercial transaction, so forum has no jurisdiction to entertain. so, alternative you have to approach for proper remedy, where the agreement was entered or where the other party resides or if other party resides or doing business in your place, you can file a civil case in your place.
all the best,
vr


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