1) if machine is faulty and inspite of legal notice company has failed to replace machinery or refund of your money file suit for damages to claim the loss suffered by you on account of faulty machine supplied to you
Faulty machine received
Dear Sir I had started Fly Ash Brick Making Business, so ordered machine from Hanje Hydrotech Sangli, They have sent me faulty machine and even complaining many time they are not responding not a single time, thats why machine installation did not done till date. Due to which i could not start my work from more than last 6 months........I have sent legal notice to them regarding this matter but they didnt reply even this notice too. I have lost all my money in building preparation, labour charges, raw material purchase......but now i AM UNDER DEBT......as i took bank loan to start my business....plz help me and guide me how can I file my case
Asked 7 years ago in Business Law
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6 Answers
Dear Querist
You may file a complaint against them before the consumer court or may file a civil suit before the civil court and claim compensation for your damages and loss.
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You have to drag the supplier to the consumer forum for replacement of the faulty machine.
Alternately you can lodge a campaint against the supplier for cheating you by supplying defective machine and not answering our calls for replacement or rectification.
Dear all Thanks alot for your valuable advice, plz let me know how can I file civil suit at civil court, plz brief the procedure, As I am the resident of kashipur, Uttrakhand and machine was purchased from Sangli Maharashtra.....so where should i file the case. As I lost everything what I had........so i am worried about my success of my case Please reply me Thanks
Asked 7 years ago
A civil suit to recover the money may take a lot of time and you may not be even successful at the end of plenty of years which will normally take for disposal of civil suit.
However you can file a civil suit in your place itself since the cause of action arose at your place, but it may not be effective.
You may not be able to execute the decree even if you get an exparte decree in your favor.
1) purchase order must be containing clause that in event of disputes x court would have jurisdiction
2) if there is no such clause you can file suit in Kashipur or sangli
Dear Querist
you may file the civil suit Kashipur DIstrict Court before the Civil judge because the Faulty Machine has been received to you at kashipur and you also send the notice or communicate with them from kashipur, hence the cause of action arose from kashipur.