• 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

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

Ajay Sethi
Advocate, Mumbai
97121 Answers
7842 Consultations

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.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87311 Answers
2345 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87311 Answers
2345 Consultations

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

Ajay Sethi
Advocate, Mumbai
97121 Answers
7842 Consultations

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.

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

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