ekta (asd) 14 November 2013

Threat of legal action

Dear all,

This is my first post here where I really need some advice from experts.

I recently sold a product to a company which is involved in sale and purchase of second hand items. All the interactions were on e-mails where I enquired them whether they accept my old product and gave them the link to olx where I have provided descripttion of the product. There was a minor problem with the product which I clearly mentioned there. The company representative came, checked and bought the product.

Later they wanted to refund the money since the product was defective and irreparable. Now as per me that was a business risk which they took and now I should't refund the product money since there was no warranty/guarantee. The company sent back the product to me.

Now they have sent a legal notice and want full refund plus damages on the grounds of wrongful representation by me which led them to buy the product.

I would like to understand my legal rights on the case. I know that everything is right on my case, however I feel it is simply not worth the time waste later for such small amounts Rs. 5000. So I want to understand what legal action can they take, where they can file the case and what actions may be required from my side.

Thanks & regards

Ekta Lal

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3 Replies

Hardeep (Business) 16 November 2013

As a first step :

- Save all E-mail correspondence, ad given on OLX and any documentation you may have that the defect now being claimed against was clearly mentioned in the ad. as well as explained to the Company Rep. Ideal is if your ad / E-mail corresp. said " Sold as is where is with no warranties/ guarantees of any type" or something similar.

- If you have all above, simply respond to the Legal Notice putting the facts clearly. Also mention therein that they have sent the product back to you without your consent and it is being kept with you at their own risk . Further , if they don't take it back after paying you a certain storage charges by such and such date, it will be disposed off without any liability on your part and no amounts will be payable to them.

I don't think they will bother you any further.

Just my thoughts. Request Senior friends for their views too.

ekta (asd) 16 November 2013

Thanks a lot Hardeep for your response. I was thinking to not respond at all to the notice since I haven't yet received anything by registered post. What I was planning now that I have the documentation handy, I should wait for the written notice and not accept the same. This way, they can't proceed with the case filing at all.

What I was more interested in knowing is that in what legal forums can the claimant file the case if at all. They can't go to consumer forums since they are not the end consumers! And what at max may be required off me.

If I reply to the notice now. they would have proof of my receipt of notice and may file somewhere and I don't think its worth the time for me get involved in court cases for such petty amount.

Hardeep (Business) 24 November 2013

Frankly, IMHO, not responding to a Notice - either received by E-mail or by Registered Post is not a good idea since - if and when the case goes further - this will be adverse inference against you. Refusing to accept a Registered Post Notice does not mean the case is finished - it will go on record that Notice was sent to your address and "someone" refused to accept it. The Case may well then proceed Exparte - with the possibility of your presenting your side of the story becoming still more difficult .

As to the Forum, as far as a Consumer Court is concerned " One Party must give in the course of Business and the other receive it as a Consumer " ( or something similar , do not recall the exact language right now.. :-) ) So, if you are not in the BUSINESS of selling Second Hand goods, the case will not go to Consumer Court. A case of " false representation " could be tried to be made out - which is a civil matter - and for Rs. 5000 as the value involved - will most probably go to Court of Small causes. As for the maximum required off you , that is a subject of interpretation and the damages/ cost claimed by the Complainant and finally decided by the Court . Of course it has to have a nexus with the value of the goods and if you find it unreasonable you can go for appeal.

Just my thoughts. Request Seniors to come in with tehir veiws.