prabodh kumar patel (advocate) 25 October 2008

Liability of a dealer

suppose a product is having manufacturing defects.

X is the authorised dealer. He sold the product (mobile handset) and when the consumer intimated about some problem he (the dealer) sent it to the service provider twice.

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. (inspite of joint & several liability)

i am defending the dealer.

Am i right or wrong?

Gorunds for thinking so:

* The dealer is not the manufacturer nor service provider.

* The dealer has performed his duty by sending the handset to the authorised service provider that too twice.

* 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

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2 Replies

prof s c pratihar (medical practitioner &legal studies) 25 October 2008

each hand set now a days having serial no.if it is within the warranty period for replacement of a particular parts or the whole set ,manufacturer is responsible.a good dealer always help the customer.the dealer is responsible atleast for one year from the date of sale and not from the date of manufacture.me had practical experience when a defective godrej fridge the co had to replace when i wrote about the defect and deficiency of service.