Please refer me some citation.

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved
Manfacturer

"A product is having manufacturing defects. X is the authorised dealer. He sold the product (mobile handset) and the consumer intimated about some problem to the service station after repairing service station gave it back to the consumer. The problem continues and the consumer filed a complaint against the dealer, and the manufacture for replacement. Under the aforesaid circumstance I think that the manufacturer is liable for any replacement and NOT THE DEALER. i am defending the dealer. Gorunds for thinking so: * The dealer is not the manufacturer nor service provider. The dealer gets some fixed amount of profit on each sale which is less than that of the manufacturer and manufacturer should be liable for any manufacturing defects. Please refer me some citation. Thanks "

Follow Query

Report Abuse

Raj Kumar Makkad (Expert) 21 December 2010
You should not bother about the manufacturer or his dealer. This may be the defence of the dealer and this is battle between them. You should insist only on compensation based on deficiency of service.

Advocate. Arunagiri (Expert) 22 December 2010
For many of the handsets the manufacturers are not available in India. In such a case you have to initiate action on the dealer only. Because these dealers are promoting substandard products through their network, by getting a good margin.

If the product is substandard, they will escape stating that they are only a dealer.

So, dealer is also a party for deficiency of service.

s.subramanian (Expert) 22 December 2010
It should be noted that the querist is for the dealer. His stand is right since the replacement can be made only by the manufacturer and not the dealer. The primary legal responsibility will be on the manufacturer only.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now