Querist :
Anonymous
(Querist) 16 November 2011
This query is : Resolved
Hello,
I am not sure if this is the right place to ask this query, but thought this would be closest. Request for kind response.
I have purchased a laptop before Diwali from a local vendor in Pune and took the home delivery of the machine. The payment I have done is through account payee cheque to the vendor. The vendor promised to give me the invoice once the cheque is encashed, but did not keep the commitment. I have followed up with him so many times, but he keeps avoiding and not providing me the invoice. Kindly let me know what will be the best way to ask him for the invoice in legal way, probably through consumer forum. Thanks in advance.
ajay sethi
(Expert) 16 November 2011
he has delivered you the laptop . payment has been made by account payee cheque . has he provided warranty certificate .
if he has not done so raise the issue with manufacturer . since seller must be a authorised deler of computers of said company
Rajeev Kumar
(Expert) 16 November 2011
Mr.Ajay is right
prabhakar singh
(Expert) 16 November 2011
Of which make the lap top is?
You say you have paid by an a/c payee cheque!
What proof he has that he has supplied you the lap top??
read between the lines and act accordingly.
Raj Kumar Makkad
(Expert) 16 November 2011
We here are not for showing wrong path or promoting to speak lies.
You should issue a notice to vendor, whole-seller and company (manufacturer) about the problem and should require the desired invoice which generally contains warranty within a stipulated period failing which file a consumer complaint.
Devajyoti Barman
(Expert) 17 November 2011
This is clear case of deficiency of service.
File a complaint u/s 12 of the Consumer Protection Act to redress your grievance as well claim compensation.
prabhakar singh
(Expert) 17 November 2011
I think he has sold an article.
It is not that he has provided any service like repair of the lap top.
The question is of right that if i have bought an article,say lap top here ,i have a right to demand cash memo there of and sale letter to prove my legal custody.It is from this angel that we need to judge relief under consumer protection law which i am able to frame.But i was in mood to slap a vendor like him who does not issue cash memo even after having received the payment.
What i doubt that he has done few more mischief with the buyer. reluctance to issue bill may be because he might have got a new lieu lap top in claim of some other lap top from the company but instead of providing the same to the old customer for whom replacement was made by the company he has sold it to this gentleman and that is why he is reluctant as legally he can issue a sale note of this article which has not come to him by purchase invoice from company.Now this fellow will settle a/c with old customer by paying him some 10 to 15k less and here he has gained at least 35 to 40k for free.So he has made already a handsome gain while in a fresh sale his commission can not be expected subject to maximum of 4k in this price range.
prabhakar singh
(Expert) 17 November 2011
Mr.Makkad even Geeta preaches every thing is fare when it is a war.
Sailesh Kumar Shah
(Expert) 17 November 2011
unfair trade practice on the part of vendor. Issue legal notice and file case at the consumer forum.
Advocate Bhartesh goyal
(Expert) 17 November 2011
Obtaining the invoice of goode is the right of buyer and if vendor refused to issue or willingly not issuing the same will come under the purview of unfair trade practice and also it amounts to deficiency of service of vendor.File complaint before Consumer Forum.
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