Furniture defect

francis (Querist) 09 March 2012 This query is : Resolved
Actually i took furniture for Rs18,500/- from my friends shop,and I gave him a post dated cheque Of one month later,so when he sent the furniture to my house after 2 weeks, while gettting it,it got damaged,and the people were sent by him only,we only paid the transport charges for getting the furniture,so what i did i put in a request letter to the bank and stopped the payment,can he do any thing with my cheque now,can he file a case of 138 against me.He has not even given me a receipt also.What can i do,please guide me...

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Sarvesh Kumar Sharma Advocate (Expert) 09 March 2012
yes a perfect case of N.I.Act.
On yr part if there is damaged in the product you can complaint before consumer forum or appropriate court .

Raj Kumar Makkad (Expert) 09 March 2012
He can file criminal complaint as anticipated but it would have better not to create gap and personal talk to him as he is your friend and such minor things may create bitterness in the relations.

Sudhir Kumar, Advocate Online

(Expert) 09 March 2012
If you can assure the court that you did not owe him the money then there is no case.

But you have accepted the delivery and also accepted the repair done by him and also your blog does not indicate any action on your part to rescind the contract. Prima-facie the contract has not failed. You owe him the money. SO I agree with Mr Sarvesh K Sharma.

Advocate M.Bhadra (Expert) 09 March 2012
Your friend can file a case u/sec.138 N.I.act and if you have receipt you can file a case in Consumer Forum,however you should settle the matter with your friend to avoid Court.

Parveen Kr. Aggarwal (Expert) 09 March 2012
Once you have accepted the furniture, you have an existing debt or liability towards him which you cannot deny. Therefore, upon dishonour of cheque, you cannot escape your liability under section 138 of the N. I. Act. However, if you consider that the damage to furniture is due to fault of his representatives, you can have avail legal remedies for redressal of your grievances.

Parveen Kr. Aggarwal (Expert) 09 March 2012
In the circumstances, it will be better for you to settle the matter in an amicable manner because as stated by you he happens to be your friend also.

Kirti Kar Tripathi (Expert) 09 March 2012
You both have remedy under different forum as suggested by ore learned friend thus this situation is best for settling disputes between the parties. So avoid bitterness and go for amicable settlement.

ajay sethi (Expert) 09 March 2012
for rs 18,500 you want to ruin relationship with your friend . you ought to have talked to him . explained to him damaged furniture . he would have changed the furniture or offered you some rebate .

visit his shop and reason out with him .

it is diffcult to build bonds of friendship . dont ruin it for money