Consumer forum
abdul razzaq khan
(Querist) 20 May 2012
This query is : Resolved
Sir, I had purchased a used material from a dealer (he scraps machines and sells). The dealer gave me a handwritten receipt and told me to collect the original invoice of the purchased material the next day. But its been almost 5 months now on one pretex or other he is not giving the original receipt. Due to this i have lost a contract, how shall i proceed? i have made complete payment of the item purchased. thanks.
R.K Nanda
(Expert) 20 May 2012
Send a legal notice to him and demand to give original invoice to you in 7 days time.
Shonee Kapoor
(Expert) 20 May 2012
Rightly said.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
dev kapoor
(Expert) 21 May 2012
Hi all respected members/friends
What is understood by the word "LEGAL NOTICE?"by us is not clear.In fact what least little I have understood by this terms is 'if any statute/law prescribes that before initiating any legal action in the court of law, a notice is sine qua non'. Like, for example, a Notice u/s.80 CPC; u/s.106 TPA & notice under certain Rent Acts or the like as unless sucvh notice is not served, NO SUIT WILL LIE.
In any case, this is a case of contractual obligation on the one hand & a case of deception/cheating under the Ctriminal Law.
dev kapoor
(Expert) 21 May 2012
.... Regarding Consumer Complaint, You have paid price for the goods purchased & the dealer is prima facie guilty of "Unfair trade practices & deficiency in sertrvic". It appearsthat the goods you purchased were to be used for commercial purpose.This excludes your right as a consumer.But if you establish that your busines is for 'earning livelihood for self em[ployment' the position may be different.you hv narrated insufficient facts......Khush Raho !
