Paid through cheque, price revised before receiving it.
yogananth
(Querist) 24 April 2014
This query is : Resolved
Dear sir/Madam,
I was interested in purchasing home theater from Bose Corporation India Private Limited through online mode. I requested the quotation for the same from company's office at New Delhi which I received on 29th March 2014 through email. The purchase has to be done by payment through crossed cheque in favor of the mentioned company. I sent the cheque by courier (as requested by company sales representative) on 31st March 2014. The cheque was received by company on 9th of April. Later I received communication from company that purchase cannot be processed as price of the requested speaker system has increased by Rs.6800 effective from 1st April 2014.
Dear Sir/Madam, Is there any possibility that I can claim the purchase on predated price or can I approach to consumer court in this matter?
Thanking you.
Dr J C Vashista
(Expert) 24 April 2014
You have agreed to pay the price quoted by the company, which cannot be revised arbitrarily at the whim and fancies of vendor,issue legal notice for either to deliver the home theater at the agreed price or refund the amount with interest. If the company fails to accept your demand file consumer complaint.
Guest
(Expert) 24 April 2014
Please check quotation to see if some date mentioned on the quotation to be valid up to which date. If no date of expiry of quotation is mentioned, you can claim the system on the quoted price by filing a case in the consumer forum against the company. However, if there is a mention of expiry date of quotation, you may not be able to claim that on the pre-revised price, as the date of receipt of cheque by the company would be relevant for them for effective date of order.
Sudhir Kumar, Advocate
(Expert) 24 April 2014
please re3ad quatation again if they have mentioned any condition of price revision
alexander
(Expert) 24 April 2014
The above noted experts have advised you very correctly and I have nothing more to add.. You must keep the receipt of the cuorier Company through which you remitted the cheque on 31 March 2014.Through their quotation received by you on 29 March 14, the Company had made an offer to supply you the goods for a consideration which is the price quoted in the said quotation.
2. Your remitting the cheque for the quoted amount on 31 Mar 14 makes the Contract binding..
3 The moment you put the letter and the cheque in post / here the courier, and it is no longer under your control/possession; the Contract is complete and binding..
You can sue the Company for specific performace of the Contract and for damages for causing delay/harrasment/tension and whatever unease you might have experienced
Biswanath Roy
(Expert) 24 April 2014
If it is in the quotation of the company
"Subject to the revision of prices quoted" in that event you have no scope to challenge the variation of price.
T. Kalaiselvan, Advocate
(Expert) 24 April 2014
Thus after confirming the clause "prices quoted are subject to revision" or if the quoted dates have any validity, if the situation is in your favor, you may initiate legal action starting with lawyer' notice.
Thyagarajan
(Expert) 25 April 2014
The purchase would have been without complications if provision was there to pay on line using your debit/credit card. Take the offer email and the objection letter given by vendor to you to a local lawyer for his study so that he can guide you after getting to know whether the offer was on terms and condition. Try even personal contacts with vendor. Keep going to consumer forum as lost resort as your chque was not realized; all that you can plead is un-fare trade practice on part of vendor. You may or may not get compensation and forum can give direction only to stop the un-fare trade practice
R.V.RAO
(Expert) 25 April 2014
agree with thiru kalaiselvan ji.
malipeddi jaggarao
(Expert) 25 April 2014
I agree with the expert advice of Mr.Dhingra and Mr.Biswanath Roy - which are to be read together.
V R SHROFF
(Expert) 25 April 2014
Agree with experts.
read contract carefully, issue notice, file suit.
alexander
(Expert) 25 April 2014
Ref : advice tendered by Shri Thyagrajan ji. Yes it is unfair trade practise but more than that it is a plain breach of contract. Moment the purchaser has accepted the offer/prromise by putting remitting the cheque/acceptance letter in the pipe line through a courier agency as was a condition precedent in the sale offer, the contract is firm, legal and binding. It matters little if the acceptance letter and the supporting cheque got delayed in transit or even got lost , the contract shall withstnd scrutiny in any court of the land. So the purchaser need not be on the back foot on acount of the fact " as your cheque was not realised". We don't know the whole contract and the sale terms as might have been given alng with the offer for sale; the querist has not revealed any despite his having read all the remarks of the experts till now. But we may presume that when the Seller insistedon payment by cheque and through a courier agency, there might not have been any further conditions impacting the contract. Shri YAGANATH ji should reveal all the facts to a local lawyer.
alexander
(Expert) 25 April 2014
Ref : advice tendered by Shri Thyagrajan ji. Yes it is unfair trade practise but more than that it is a plain breach of contract. Moment the purchaser has accepted the offer/prromise by putting remitting the cheque/acceptance letter in the pipe line through a courier agency as was a condition precedent in the sale offer, the contract is firm, legal and binding. It matters little if the acceptance letter and the supporting cheque got delayed in transit or even got lost , the contract shall withstnd scrutiny in any court of the land. So the purchaser need not be on the back foot on acount of the fact " as your cheque was not realised". We don't know the whole contract and the sale terms as might have been given alng with the offer for sale; the querist has not revealed any despite his having read all the remarks of the experts till now. But we may presume that when the Seller insistedon payment by cheque and through a courier agency, there might not have been any further conditions impacting the contract. Shri YAGANATH ji should reveal all the facts to a local lawyer.
