Sales of Goods Act
HIRAL THAKKAR
(Querist) 11 July 2009
This query is : Resolved
I want to file a case against the builder who has purchased electrical goods of various description the value of which is more than one lakh of rupees so is it right to file a case under Sales of Goods Act under the title UnPaid Seller. The seller of goods does't had contract with the builder and the seller is a prorprietorship concern. I have sent notices under the sales of Goods Act.
Please suggest some method to recover the Price of Goods. Is it correct to file petition in High Court Original Side Bombay
PALNITKAR V.V.
(Expert) 12 July 2009
HC will not entertain this issue since there are other courts who can solve your problem. You have to file a recovery suit on the basis of contract of sale.
Kiran Kumar
(Expert) 12 July 2009
Mr. Palnitkar is correct......such suits have to be filed in the civil court first.
HC can not entertain such suits for want of jurisdiction.
do u ve bills and reciepts for the transaction?
still u ll ve to suit for recovery.
better would be approach some local lawyer who deals in the civil matters.
HIRAL THAKKAR
(Querist) 12 July 2009
I donat have any as such written contract with the builder and since the civil court has jurisdiction to entertain suits of the value Rs. 50000/- can we file suit in civil court Bombay and for the information I have valid tax invoices delivery challans.
If recovery to be donce then under which provisions of law recovery suit to filed
can that suit be filed in civil court.
a.manoharan
(Expert) 12 July 2009
Dear Mr. Hiral,
The contract can be oral , written or implied depending on each circumstances and facts of the case. As told by Mr.Kiran Kumar contact with local advocate with all particulars and records
RAKHI BUDHIRAJA ADVOCATE
(Expert) 13 July 2009
Mr. Manoharan is absolutely right. U can contact me at : rakhibudhiraja@gmail.com
Mb.-09871158578/09711364956
