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Expert advice requested

(Querist) 14 July 2012 This query is : Resolved 
Respected all,

We are into the hospitality industry and having chain of clinics in south India. We purchased 3 new laser machines from a local dealer in India by paying Rs.61,50,000/- on 06th September, 2009.

Before 6 months we come to know that one of the Laser machine is refurbished machine (i.e a used /old machine converted into a new).Same fact was confirmed by USA manufacturer also.

So, we sent a legal notice to the dealer and the dealer is denied it and telling we were telling lies.

When we approached a local advocate to file a case in consumer forum, he was telling that because we are a private limited company, we cannot file a case in consumer forum.

Requested your expert advice that
1)can we file a case in consumer forum?
2)if it is not possible what are the steps to be taken to get the justice.

thanking you,

surendra kumar.

ajay sethi (Expert) 14 July 2012
consumer forum objective is to provide speedy justice to aggreived consumers on account of deficency in service .

as far as complaint s by companies are concerned the Consumer forum decline to entertain these complaints on the ground that company is not a consumer and direct them to approach civil courts in this regard .
in the present case laser machines have been purchased by used for carrying on your buisness and for commercial purposes hence you dont fall under definition of consumer

R.K Nanda (Expert) 14 July 2012

2.Now issue a fresh legal notice to dealer

and demand ur amount with interest and ask him to pay it in a month time to you.

3.If he does not respond to LN then file recovery suit in civil court for the recovery of ur amount with interest and damages at the earliest as ur limitation is expiring on 5/9/2012.
ashutosh mishra (Expert) 14 July 2012
Your lawyer is correct.
You are not end user hence can not be categorized as consumer even if your firm's constitution is as a company.

A plain no is the answer to your query.

You can file a law suit for compensation within three years from the date defect has came in your knowledge.No notice before suit is legally required but in view of claim to be made for interest loss the same is desirable.
V R SHROFF (Expert) 14 July 2012

Limitation till Sept. 2012

Also file 420 cheating, as delivered old m/s as Brand New & collected money .
Kumar Doab (Expert) 28 September 2014
Agreed with experts.

As advised by Mr. Shroff file for cheating too.

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