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Rajesh Singh (Advocate)     19 April 2010

caveat emptor - customer rights - urgent

A customer booked product from a shop at half price which was winding up. Later learnt that product is of china made and refuse to accept part of the order. for the whole order part payment is made by the customer for which chacha bill is given by the shopkeeper and warranty is verbal not by the company its only by the dealer and shopkeeper.

What is the Stand of customer can he reject , part of the order.

Can shopkeeper force the customer to take the goods in whole.
 



Learning

 2 Replies

tufail qadri (advocate)     02 May 2010

sir,

the rule caveat emptor is no more in vogue, because of the enactment consumer protection act 1986, as per ur query the customer was not made aware about the made of the product(i.e china) in this case, hence it amounts to unfair trade practice. since it was incumbent upon the shopkeeper to give details about the product. the customer / consumer is well within his rights to reject the part of the order and can even seek repaying of the amount, whereas, in my opinion shopkeeper can't make him to take the goods in whole.

hope it answers the question.


 

Kanaksinh P.Boda (Educationist/Lawyer)     03 May 2010

It all depends on the contents of the bill, which if specifically mentions the details of goods. In absence, it will be difficult to prove deficiency in service. As far as rejection of the remaining delivery is concerned, the customer  has right to  reject the the  delvery , irrespective of deficiency or otherwise, in absence of  contract.


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