Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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G R CUSTOMS   08 May 2018

What to do if a customer send a legal notice

Dear sir

We are company which restore and modify old vehicles. Jeeps and other vehicles

I have recently received a lawyer notice from my client for a Vehicle delivered to him. In which some mechanical fault came.

I have talked to the client many days before I got the notice regarding this mechanic faults.

I have conveyed the customer that we will replace the mechanical faults or send the cash to rectify the same fault.

But he has served me a lawyer notice with full refund of the vehicle, plus mechanical rectified cost and compensation.

Which is a huge amount which I cant pay.

Please help me in this matter what should I do and how to close this matter on good notes.

He has send a notice from Mumbai and I am living in Punjab

What if he lodge a suit in Mumbai court?.

Can I appoint a lawyer for this matter from Punjab if he lodge a suit in other state?

I humbly requesting all expert to help me in this matter

Regards
D


Learning

 9 Replies

Rahul kandharkar (Freelance Editor Legal Consultant Author.)     08 May 2018

dear Sir/ Madam,,

we can defend your case in the following manner:

1. we can invoke the doctine of caveat emptor - which simply means the buyer shall beware or be dilligent before buyer.

2. there was no contract in which it is binding upon you. Nor there is any condition or warranty.

3. your libility is limited to the replacement of the parts, for the purpsoe of refund u niether agrred nor he has agreed.

4. as far as the filing of complaint is concerned it has to be filed in the jurisdiction where the cause of action has arisen, as the matter took place within Punjab so courts only at Punjab will have jurisdiction.

5. For any other greivances let me know.

Siddharth Jain   08 May 2018

I would advise you to send a reply to the said legal notice stating that he is not liable for any refund, but the alleged faulty parts can be repaired.
He cannot file a case in Mumbai.
For any other queries feel free to contact me at isidjain1@gmail.com

G R CUSTOMS   08 May 2018

Dear Rahul Sir

Please drop me your email id so that I can send you a detailed mail

Rahul kandharkar (Freelance Editor Legal Consultant Author.)     08 May 2018

rkrahul900@gmail.com.

Kumar Doab (FIN)     08 May 2018

Visit LOCAL Consumer forum/Civil courts and inquire about counsels appearing there..

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP to draft as per facts of the matter and proceed in best of your interest.. ….and counter other side…….

G R CUSTOMS   08 May 2018

Dear Kumar sir Can I be arrested for this issue. Or FIR can be lodged on this matter against me. Plus do the client can lodge suit in Mumbai where presently customer is residing

G R CUSTOMS   08 May 2018

Dear Kumar sir Can I be arrested for this issue. Or FIR can be lodged on this matter against me. Plus do the client can lodge suit in Mumbai where presently customer is residing

G R CUSTOMS   08 May 2018

Dear Kumar sir Can I be arrested for this issue. Or FIR can be lodged on this matter against me. Plus do the client can lodge suit in Mumbai where presently customer is residing

Kumar Doab (FIN)     08 May 2018

Impression on jurisdiction has been shared in beginning..

Rest your counsel that has examined all case related docs and inputs can advise you the best..including on FIR, arrest, jurisdiction..

 


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